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GENERAL  ELECTION  LAWS 


OF  THE 


STATE  OF  NEBRASKA 


REVISION  OF  1917 

AND  EXTRAORDINARY  SESSION,  1918 


COMPILED  BY 

CHARLES  W.  POOL 

SECRETARY  OF  STATE 

1917 


Published  by 

MILBURN  &  SCOTT  CO. 
Beatrice,  Nebraska 


GENERAL  ELECTION  LAWS 


OF  THE 


STATE  OF  NEBRASKA 


REVISION  OF  1917 

AND  EXTRAORDINARY  SESSION,  1918 


COMPILED  BY  * 

CHARLES  W.  POOL 

SECRETARY  OF  STATE 

1917 


Published  by 

MILE  URN  &  SCOTT  CO. 
Beatrice,  Nebraska 


CHAPTER  20 

ELECTIONS. 


INDEX   TO   ARTICLES  PAGE 

ARTICLE  I — Time  for  holding  general  election,  qualifications  of  electors, 

and    general    provisions 2 

II— Officers  to  be  elected 4 

III — Proclamation  and  notice  of  elections 8 

IV — Officers   of   election 9 

V — Ballots  and  polling  booths 12 

VI — Opening  and  closing  polls : 19 

VII — Voting  and  conduct  of  election 20 

VIII— Voting  by  mail , 28 

IX — Canvass  and  return  of  vote  and  certificates  of  election 30 

X — Contest  of   election 38 

XI — Primary  elections  and  nomination  of  candidates 46 

XII — Non-partisan  judiciary   64 

XIII — Registration  of  voters,  cities  of  over  40,000  and  less  than 

100,000   inhabitants   67 

XIV — Registration  of  voters  in  cities  of  less  than  25,000  and  more 

than  7,000  inhabitants 72 

XV — Presidential  electors  : 79 

XVI — Vacancies  and  special   elections 80 

XVII— Voting  Machines 83 

XVIII — Election   commissioner   95 

XIX— Initiative  and  referendum 105 

XX — Corrupt    practices    112 

XXI — Offenses   against   elections   and   registrations 122 

XXII— Soldiers'  votes  ..  -.133 


ARTICLE  I. 


TIME  FOR  HOLDING  GENERAL  ELECTION,  QUALIFICATIONS  OF  ELECTORS,  AND 

GENERAL  PROVISIONS. 


SECTION 

1939.  General  election — when  held. 

1940.  Qualifications  of  voters. 

1941.  Disqualifications — insane    persons — 
«  felons. 

1942.  Same — soldiers   and   sailors. 

1943.  Privileges   of  electors. 


SECTION 

1944.  Publication    and    distribution    of    elec- 

tion  laws. 

1945.  County     board     divide     precincts     into 

voting  districts. 

1946.  School    district    election    exempt    from 

election   laws. 


1939    Section  1.     General  election — when  held. — The  general  election  of 
this  state  shall  be  held  on  Tuesday  succeeding  the  first  Monday  in  November 


ELECTION   LAWS   OF  NEBRASKA 


in  the  year  1914  and  every  two  years  thereafter.     (1879  p.°240v;  1913  p. 
Ann.  5650;  Comp.  3212.) 

Provisions  not   essential   to   fair   election   will   be   construed   as   directory,    if   possible. 
Estate  v.  Van  Camp,  36  Neb.  91   (54  N.  W.  113). 

1940  Sec.  2.    Elections — qualification    of    electors — womaoi    suffrage.— 
Every  person  of  the  age  of  twenty-one  years  or  upwards  shall  be  an  elector, 
and  shall  have  the  right  to  vote  for  all  officers 'to  be  elected  to  public  office, 
and  upon  all  questions  and  propositions  submitted  to  the  voters,  at  any  and 
all  elections,  authorized  or  provided  for  by  the  consitution  or  laws  of  Neb- 
raska:    Provided,  however,  that  no  female  person  shall  be  permitted  to  vote 
for  United  States  Senator,  United  States  Representative,  or  for  any  officers 
specified  and  designated  in  the  constitution  of  Nebraska,  or  upon  auy  question 
or  proposition  submitted  to  the  voters,  the  manner  of  the  submission  of  which 
is  specified  and  designated  in  the  constitution  of  Nebraska. 

No  person  shall  be  qualified  to  vote  at  any  election  unless  such  person 
shall  have  resided  in  the  state  six  months,  in  the  county  forty  days  and  in  the 
precinct,  township,  or  ward  ten  days,  and  shall  be  a  citizen  of  the  United 
States,  or  shall  be  a  person  of  foreign  birth  who  shall  have  declared  his  or 
her  intention  to  become  a  citizen,  conformably  to  the  laws  of  the  United 
States  on  the  subject  of  naturalization,  at  least  thirty  days-  prior  to  such 
election.  (Laws  1917,  p.  95.) 

Sec.  2.  Separate  ballot  boxes  for  women  votes. — That  separate  ballots  and 
ballot  boxes  shall  be  provided  for  female  electors.  Such  ballots  shall  contain 
the  names  of  the  candidates,  and  the  questions  and  propositions  submitted,  as 
female  electors  may  vote  for  and  upon.  The  ballots  cast  by  female  electors 
shall  be  counted  and  canvassed  with  and  in  the  same  manner  as  the  ballots  of 
male  electors.  (Laws  1917,  p.  96.) 

1941  Sec.  3.    Disqualifications — insane  persons — felons. — No  person  shall 
be  qualified  to  vote  who  is  non  compos  mentis,  or  who  has  been  convicted  of 
treason  or  felony  under  the  law  of  the  state  or  of  the  United  States,  unless 
restored  to  civil  rights.     (1879  p.  240;  Ann.  5653;  Comp.  3215.) 

Conviction  unless  of  felony,  no  disqualification;  punishment  inflicted  determines  grade 
of  offense.  Gandy  v  State,  10  Neb.  243  (4  N.  W.  1019). 

1942  Sec.  4.     Same — Soldiers  and  Sailors. — No  soldier,  seaman,  or  marine 
in  the  army  and  navy  of  the  United  States  shall  be  deemed  a  resident  of  the 
state  in  consequence  of  being  stationed  therein.     (1879  p.  240;  Ann.  5654; 
Comp.  3216.) 

Government  employees  at  military  post,  not  a  reservation,  may  vote  if  otherwise  quali- 
fied. State  v.  Griffey,  5  Neb.  161. 

1943  Sec.  5.     Privileges  of  electors.— Electors  shall  in  all  cases,  except 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the 
attendance  at  elections,  and  going  to  and  returning  from  the  same,  and  no 
elector  shall  be  obliged  to  do  military  duty  on  the  days  of  election,  except  in 
time  of  war  and  public  danger.     (1879  p.  240;  Ann.  5655;  Comp.  3217.) 

1944  Sec.  6.    Publication  and  distribution  of  election  laws.— It  shall  be 
the  duty  of  the  secretary  of  state  to  cause  to  be  published  in  pamphlet  form 
and  distributed  through  the  county  clerks  of  the  respective  counties,  a  suffi- 
cien  number  of  copies  of  this  chapter /as  will  place  a  copy  thereof  in  the  hands 
of  each  election  board.     (1897  p.  228;  Ann.  5835;  Comp.  3391.) 


ELECTION  LAWS  OP  NEBRASKA 


:  :*  :194&-' Sec:  *7.'  CoUnty  board  divide  precincts  into  voting  districts. — 
Whenever  the  mayor  and  city  council  of  any  city  of  the  first  class  in  this  state 
shall  by  ordinance  divide  any^ward  of  such  city  into  two  ro  more  voting  or 
polling  districts,  the  county  board  of  the  county  in  which  such  city  is  located 
shall,  for  general  election  purposes  also,  at  their  next  regular  session  after 
the  taking  effect  of  the  ordinance,  order  the  establishment  of  said  voting 
or  polling  districts  in  conformity  with  the  provisions  of  said  ordinance.  (1883 
p.  183;  Ann.  8719;  Comp.  2438.) 

1946  Sec.  8.  School  district  election  exempt  from  election  laws. — Elec- 
tions for  school  district  officers,  except  for  members  of  the  boards  of  education 
in  cities,  are  excepted  from  the  provisions  of  this  chapter.  (1897  p.  219 ;  Ann. 
5818;  Comp.  3374.) 


ARTICLE  II. 

OFFICERS  TO  BE  ELECTED. 


SECTION 

1947.  Officers  elected  at  general  election. 

1948.  Supreme   judges — when   elected. 
Railway   'commissioners — when    elect- 
ed. 

Regents  of  state  university  —  when 
elected. 

District   judges — when    elected. 

District   clerks. 

State   officers — elected  when. 

County   officers — when    elected. 

County  commissioners  —  counties  not 
under  township  organization. 

County  assessor — when  elected — abol- 
ishment of  office. 


1949. 
1950. 

1951 
1952. 
1953. 
1954. 
1955. 

1956. 


SECTION 

1957.  Same — deputies. 

1958.  Precinct   officers. 

1959.  Road  overseer. 

1960       Counties  under  township  organization. 

1961.  Township    officers. 

1962.  Justices,    constables    and   police   judge 

in    certain    cities. 

1963.  Other   county   officers. 

1964.  Presidential   electors — when    chosen. 

1965.  Preference  for  United   States   senator. 

1966.  County    treasurer    ineligible    for    third 

consecutive  term. 

1967.  Holding  office   until   successor  elected. 


1947  Sec.   9.    Officers   elected  at  general  election. — All  state,   district 
county,  precinct,  and  township  officers,  by  the  constitution  and  laws  made 
elective  by  the  people,  except,  school  district  officers  and  municipal  officers  in 
cities  and  villages,  shall  be  elected  at  a  general  election  to  be  held  at  the 
time  provided  by  section  one  of  this  chapter.     (1879  p.  240;  Ann.  5651;  Comp. 
3213.) 

1948  Sec.  10.    Supreme  judges — when  elected. — At  the  general  election 
to  be  held  in  the  year  1914,  and  each  six  years  thereafter  there  shall  be 
elected  a  chief  justice  of  the  supreme  court ;  at  the  general  election  to  be  held 
in  the  year  1916  and  every  six  years  thereafter  there  shall  be  elected  three 
judges  of  the  supreme  court:  and  at  the  general  election  to  be  held  in  the 
year  1918  and  each  six  years  thereafter  there  shall  be  elected  three  judges 
of  the  supreme  court,  all  of  whom  shall  hold  their  office  for  a  term  of  six 
years.     (1879  p.  241;  1885  p.  249;  1889  p.  357;  1891  p.  235;  1897  p.  211;  1899 
p.  115-118;  1903  p.  288;  1907  p.  199;  1909  p.  238;  1911  p.  211;  1913  p.  376; 
Ann.  5656;  Comp.  3218.) 

1949  Sec.  11.     Railway  Commissioners — when  elected. — In  the  year  nine- 
teen hundred  and  fourteen  and  every  two  years  thereafter  there  shall  be 
elected  one  railway  commissioner,  who  shall  hold  his  office,  for  a  term  of  six 
years.     (1913  p.  377.) 

1950  Sec.  12.    Regents  of  state  university — when  elected. — In  the  year 
nineteen  hundred  and  fourteen  and  every  two  years  thereafter  there  shall  be 
elected  two  regents  of  the  university.     (1879  p.  241;  1885  p.  249;  1889  p.  357; 
1891  p.  235;  1897  p.  211;  1899  p.  115-118;  1903  p.  288;  1907  p.  199;  1909  p. 
238;  1911  p.  211 ;  1913  p.  377;  Ann.  5656;  Comp.  3218.) 


ELECTION  LAWS   OF  NEBRASKA  6 

1951  Sec.  13.    District  judges — when  elected. — Judges  of  the  district 
court  shall  be  elected  in  the  year  nineteen  hundred  and  sixteen  and  every  four 
years  thereafter.     (1879  p.  241 ;  1885  p.  249 ;  1889  p.  357 ;  1891  p.  235 ;  1897  p. 
211;  1899  p.  115-118;  1903  p.  288;  1907  p.  199;  1909  p.  238;  1911  p.  211;  1913 
p.  377;  Ann.  5656;  Comp.  3218.) 

1952  Sec.  14.     District  clerks. — In  each  county  having  a  population  of 
eight  thousand  inhabitants  or  more  there  shall  be  elected  one  clerk  of  the 
district  court  in  the  year  nineteen  hundred  and  sixteen  and  every  four  years 
thereafter,  and  in  each  county  having  a  population  of  less  than  eight  thousand 
inhabitants,  the  county  clerk  shall  be  ex-officio  clerk  of  the  district  court  and 
perform  the  duties  by  law  devolving  upon  that  officer.     (1879  p.  241 ;  1885  p. 
249 ;  1889  p.  357 ;  1891  p.  235 ;  189?  p.  211 ;  1899  p.  115-118 ;  1903  p.  288 ;  1907 
p.  199;  1909  p.  238;  1911  p.  213;  1913  p.  377;  Ann.  5656;  Comp.  3218.) 

No  district  court  clerk  unless  population  is  8000  at  time  of  regular  four  year  election. 
State  v.  Steuffer,  10  Neb.  506  (6  N.  W.  604).  State  v.  Whittemore,  11  Neb  175  (9  N.  W  93). 
Population  when  election  is  called,  controls.  State  v.  Long,  17  Neb.  502  (23  N.  W.  337). 
U  S  census  not  conclusive  evidence;  vote  as  evidence.  State  v.  Davis,  66  Neb.  333  (92  N. 
W  740)  Vacancies  may  be  filled  at  elections  within  the  four  year  periods.  State  v  Dod- 
son  21  Neb.  218  (31  N.  W.  788).  County  clerk  must  report  fees  earned  as  district  clerk; 
no  separate  bond.  State  v.  Whittemore,  12  Neb.  252  (11  N.  W.  310). 

1953  Sec.  15.     State  officers — elected  when. — The  governor,  lieutenant- 
governor,  congressmen,  state  treasurer,  auditor  of  public  accounts,  secretary 
of  state,  attorney  general,  commissioner  of  public  lands  and  buildings,  super- 
intendent of  public  instruction,  and  members  of  the  legislature  shall  be  elected 
in  the  year  nineteen  hundred  and  fourteen  and  every  two  years  thereafter. 
(1879  p.  241:  1885  p.  249;  1889  p.  357;  1891  p.  235;  1897  p.  211;  1899  p.  115- 
118;  1903  p.  288;  1907  p.  199;  1909  p.  238;  1911  p.  211;  1913  p.  377;  Ann. 
5656;  Comp.  3218.) 

1954  Sec.  115.     County  officers  when  elected. — In   each   county  there 
shall  be  elected  in  the  year  nineteen  hundred  eighteen  and  every  second  year 
thereafter  one  county  judge,  for  the  term  of  two  years,  and  in  every  county 
thereshall  be  elected  in  the  year  nineteen  hundred  eighteen  and  every  fourth 
year  thereafter,   one   sheriff,    one    county   treasurer,  .one    county    clerk,   one 
county   surveyor,   one   county   attorney,   and   one   county   superintendent   of 
public  instruction,  for  the  term  of  four  years.     And  at  the  general  election 
in  the  year  nineteen  hundred  and  eighteen  and  every  four  years  thereafter 
a  register  of  deeds  shall  be  elected  in  and  for  each  county  having  a  population 
of  sixteen  thousand  inhabitants  or  more,  to  be  acertained  by  the  census  of 
1910,  and  each  state  and  national  census  thereafter,  who  shall  give  bond,  with 
sufficient  sureties  thereon,  to  be  approved  by  the  county  board,  in  the  penal 
sum  of  ten  thousand  dollars,  conditioned  for  the  faithful  performance  of  his 
duties;  and  such  register  of  deeds  shall  have  all  the  powers  and  perform  all 
the  duties  relative  to  all  papers,  writings  and  instruments  pertaining  to  real 
estate  heretofore  enjoined  by  law  upon  county  clerks  and  shall  receive  the 
compensation  allowed  by  law  therefor.     (Laws  1917,  p.  97.) 

1955  Sec.  17.    County  commissioners — counties  not  under  township  or- 
ganization.— In  counties  not  under  township  organization  having  five  com- 
missioners, three  commissioners  shall  be  elected  in  the  year  nineteen  hundred 
and  fourteen,  and  every  fourth  year  thereafter,  and  two  commissioners  shall 
be  elected  in  the  year  nineteen  hundred  and  sixteen  and  every  fourth  year 
thereafter.     In  counties  having  three  commissioners,  two  commissioners  shall 
be  elected  in  the  year  nineteen  hundred  and  fourteen  and  every  fourth  year 
thereafter,  and  one  commissioner  shall  be  elected  in  the  year  nineteen  hundred 


6  ELECTION  LAWS  OF  NEBRASKA 

and  sixteen  and  every  fourth  year  thereafter.  (1879  p.  241 ;  1885  p.  249 ;  1889 
p.  357 ;  1891  p.  235 ;  1897  p.  211 ;  1899  p.  115-118 ;  1903  p.  288 ;  1907  p.  199 ;  1909 
p.  238;  1911  p.  212;  Ann.  5656;  Comp.  3218;  1885  p.  215;  1901  p.  55;  1903  p 
57;  1913  p.  379;  Ann.  9547;  Comp.  691.) 

1956  Sec.  18.    County  Assessor — when  elected — abolishment  of  office.— 
At  the  general  election  in  nineteen  hundred  and  sixteen,  and  each  four  years 
thereafter,  there  shall  be  elected  a  county  assessor  in  each  county  of  the  state, 
whose  term  of  office  shall  be  four  years,  and  shall  commence  on  the  first 
Thursday  after  .the  first  Tuesday  in  January  following  his  election.     No  county 
assessors  shall  be  eligible  for  two  consecutive  terms :    Provided,  in  any  county 
upon  presentation  of  a  petition  to  the  county  board,  not  less  than  sixty  days 
before  any  general  election,  signed  by  at  least  ten  per  cent  of  the  electors  of 
the  county  secured  in  not  less  than  two-fifths  of  the  townships  or  precincts 
of  said  county,  and  praying  that  the  question  of  electing  a  county  assessor  in 
said  county  be  submitted  to  the  electors  therein,  the  county  board  at  the  next 
general  election  shall  order  the  submission  of  the  same  to  the  qualified  voters 
of  said  county.     The  form  of  submission  upon  the  ballot  shall  be  as  follows: 

Against   election   of  county   assessor. 
For  election   of  county   assessor. 

And  if  a  majority  of  the  votes  cast  shall  be  against  the  election  of  county 
assessors  in  said  county,  the  office  shall  cease  therein  with  the  expiration  of 
the  term  of  the  incumbent,  and  the  duties  of  county  assessor  shall  thereafter 
in  said  county  devolve  upon  the  county  clerk,  who  shall  receive  from  the 
county  board  such  allowance  for  the  additional  duties  as  shall  seem  reasonable, 
until  otherwise  ordered  by  the  voters  at  a  new  election  held  under  the  same 
requirements  as  herein  provided.  (1903  p.  391;  1905  p.  508;'1911  p.  370;  1913 
p.  379;  Ann.  10918;  Comp.  4940.) 

1957  Sec.  19.     Same — deputies. — At  the  general  election  in  nineteen  hun- 
dred and  fourteen  and  every  two  years  thereafter,  there  shall  be  elected  in 
each  precinct,  ward  or  township,  one  precinct  assessor  whose  term  of  office 
shall  be  for  two  years,  and  who  shall  not  be  eligible  to  hold  more  than  two 
terms  in  succession :     Provided,  at  the  general  election  in  nineteen  hundred 
and  fourteen  in  counties  with  a  population  of  one  hundred  and  fifty  thousand 
there  shall  be  no  election  of  a  precinct  assessor;  but  the  county  assessor  of 
such  counties  shall,  by  and  with  the  consent  of  the  county  board,  appoint  all 
precinct  ward  or  township  assessors  in  such  county.     Any  vacancy  occurring 
in  the  office  of  precinct  assessor,  from  any  cause,  shall  be  filled  by  appoint- 
ment by  the  county  assessor.     In  counties  containing  cities  having  over  four 
thousand  inhabitants,  except  as  hereinbefore  provided  in  the  case  of  counties 
with  a  population  of  one  hundred  and  fifty  thousand  or  more,  the  county 
assessor  shall  decide  on  the  number  of  assessors  required  to  assess  the  prop- 
erty of  the  city  and  the  number  so  determined  for  such  city  shall  be  appointed 
en  masse,  and  the  county  assessor  shall  assign  such  local  assessors  to  the 
district  to  be  assessed  by  him.     (1903  p.  392;  1909  p*.  434;  1911  p.  371 ;  1913 
p.  510;  Ann.  10919;  Comp.  4941.) 

1958  Sec.  20.     Precinct  officers. — In  each  precinct  in  counties  not  under 
township  organization  there  shall  be  elected  one  justice  of  the  peace  in  the 
year  nineteen  hundred  and  fourteen  and  every  two  years  thereafter.     (1879 
p.  241;  1885  p.  249;  1889  p.  357 ;  1891  p.  235 ;  1897  p.  211;  1899  p.  115-118;  1903 


ELECTION  LAWS   OP  NEBRASKA  7 

p.  288;  1907  p.  199;  1909  p.  238;  1911  p.  212;  1913  p.  380;  1915  p.  91;  Ann. 
5656;  Comp.  3218.) 

1959  Sec.  21     Road  Overseer. — In  the  year  nineteen  hundred  and  four- 
teen and  every  two  years  thereafter  there  shall  be  elected  one  overseer  of  high- 
ways for  each  road  district  in   counties  not   under  township   organization. 
(1879  p.  241;  1885  p.  249;  1889  p.  357;  1891  p.  235;  1897  p.  211;  1899  p.  115- 
118;  1903  p.  288;  1907  p.  199;  1909  p.  238;  1911  p.  212;  1913  p.  380;  Ann. 
5656;  Comp.  3218.) 

1960  Sec.  22.     Counties  under  township  organization.— At  the  first  gen- 
eral election  after  the  adoption  of  township  organization  by  a  county,  there 
shall  be  elected  one  supervisor  in  each  supervisor  district ;  and  thereafter  they 
shall  be  elected  as  hereinafter  provided  in  this  section.     In  counties  under 
township  organization  there  shall  be  elected  at  the  general  election  in  nineteen 
hundred  and  fourteen,  and  every  four  years  thereafter  one  supervisor  in  each 
odd  numbered  supervisor  district ;  and  at  the  general  election  in  nineteen  hun- 
dred and  sixteen,  and  every  four  years  thereafter,  there  shall  be  elected  one 
supervisor  in  each  even  numberd  supervisor  district ;  and  in  each  city  and  vil- 
lage within  such  county  having  one  thousand  inhabitants  or  over,  there  shall 
be  elected  in  the  year  nineteen  hundred  and  fourteen,  and  every  two  years 
thereafter,  two  justices  of  the  peace.     (1879  p.  241;  1885  p.  249;  1889  p.  357; 
1891  p.  235;  1897  p.  211;  1899  p.  115-118;  1903  p.  288;  1907  p.  199;  1909  p.  238; 
1911  p.  211;  1913  p.  381;  1915  p.  91;  Ann.  5656;  Comp.  3218.) 

Applies  to  future  elections;  does  not  affect  Sec.  990.     Albert  v.  Twohig,  35  Neb.  563   (53 

N.  W.  582). 

1961  Sec.  23.     Township  officers. — At  the  first  general  election  after  the 
be  elected  one  town  clerk,  one  town  treasurer  and  one  justice  of  the  peace. 
(Laws  1915,  p.  92.) 

1962  Sec.  24.    Justices,  constables  and  police  judges  in  certain  cities.— 
In  all  cities  of  the  metropolitan  class  and  in  all  cities  of  the  first  class  having 
more  than  twenty-five  and  less  than  forty  thousand  inhabitants  at  the  general 
election  in  1916  and  every  two  years  thereafter  there  shall  be  elected  one  jus- 
tice of  the  peace,  and  no  more,  and  also  one  police  judge  of  each  of  said  cities. 
And  in  all  cities  of  the  first  class  having  less  than  one  hundred  thousand  and 
more  than  forty  thousand  inhabitants  there  shall  be  elected  for  a  period  of 
two  years,  two  justices  of  the  peace  and  no  more.     (1879  p.  241;  1885  p.  249; 
1889  p.  357 ;  1891  p.  235 ;  1897  p.  211 ;  1899  p.  115-118 ;  1903  p.  288 ;  1907  p.  199 ; 
1909  p.  238;  1911  p.  213;  1915  p.  92;  Ann.  5656;  Comp.  3218.) 

Limitation  is  constitutional.     State  v.  Berka,   20  Neb.  375   (30  N.  W.   267). 

1963.  Sec.  25.  Other  county  officers. — All  county,  precinct  and  township 
officers  created  by  statute,  or  that  may  be  hereafter  created,  shall  be  elected 
at  such  general  election  as  may  be  provided  in  the  law  creating  the  officer  or 
officers.  (1879  p.  241;  1885  p.  249;  1889  p.  3$7;  1891  p.  235;  1897  p.  211; 
1899  p.  115-118;  1903  p.  288;  1907  p.  199;  1909  p.  238;  1911  p.  214;  Ann.  5656; 
Comp.  3218.) 

1964  Sec.  26.  Elections — presidental  electors — how  chosen| — In  the  year 
nineteen  hundred  and  twenty  and  every  four  years  thereafter,  the  Governor 
shall  appoint  as  electors  of  President  and  Vice-president,  those  persons  select- 
ed in  the  preceding  delegates  state  convention  by  the  political  party  whose 
candidates  for  President  and  Vice-president  received  the  highest  number  of 


8  ELECTION  LAWS  OF  NEBRASKA 

votes  at  the  general  election  held  in  the  within  year  and  years,  on  such  day 
as  congress  may  appoint.     (Laws  1917,  p.  1Q3.) 

1965  Sec.  27.    Preference  for  United  States  senator.— At  the  general 
election  immediately  preceding  the  expiration  of  the  term  of  a  United  States 
senator  from  this  state,  the  electors  shall  by  ballot  express  their  preference  for 
some  person  for  the  office  of  United  States  senator,  the  votes  to  be  canvassed 
and  returned  in  the  manner  hereinafter  provided.     (1879  p.  242;  Ann.  5658; 
Comp.  3220.)  fc 

1966  Sec.  28.    Treasurer  ineligible  for  third  term. — A  county  treasuerer 
shall  be  ineligible  to  office  for  more  than  two  consecutive  terms.     (Laws  1917, 
p.  97.) 

1967  Sec.  29.    Holding  office  until  successor  elected. — Every  officer  elect- 
ed or  appointed  for  a  fixed  term  shall  hold  office  until  his  successor  is  elected 
or  appointed,  and  qualified,  unless  the  statute  under  which  he  is  elected  or 
appointed  expressly  declares  the  contrary.  '  This  section  shall  not  be  construed 
in  any  way  to  prevent  the  removal  or  suspension  of  such  officer  during  or 
after  his  term,  in  cases  provided  by  law.     (1879  p.  270;  Ann.  5756;  Comp. 
3314.) 

Village  trustee  holds  until  successor  qualifies.  Hotchkiss  v.  Keck,  86  Neb.  323  (125 
N.  W.  509):  Moor  v.  K>ck.  86  Neb.  694  (126  N.  W.  388). 

Holdovers  must  qualify  anew,  under  sec.  5723.  Roche  v.  Cosgrove,  34  Neb  386  (51 
N.  W.  974). 


ARTICLE  III. 

PROCLAMATION  AND  NOTICE  OF  ELECTIONS. 

SECTION  SECTION 

1968.  Proclamation  by  governor.  1970.     Same — when   to  be  posted. 

1969.  Notices   of   elections. 

1968  Sec.  30.     Same — proclamation  by  governor. — Thirty  days  previous 
to  any  election  at  which  any  United  States  officer,  (including  especially  can- 
didates for  president  and  vice-president,  which  candidates  shall  have  been 
previously  certified  to  him  by  the  officers  of  the  different  national  conven: 
tions  of  the  different  political  parties  within  and  for  the  United  States)  and 
state  officer  is  to  be  elected,  the  governor  shall  issue  his  proclamation  desig- 
nating all  the  offices  to  be  filled  by  vote  of  all  the  electors  of  the  state,  or  by 
those  of  any  congressional,  legislative  or  judicial  district,  and  transmit  a  copy 
thereof  by  mail  to  the  county  clerk  of  each  county.     (Laws  1917,  p.  105.) 

1969  Sec.  31.    Notices  of  elections. — At  least  twenty  days  previous  to 
any  election,  the  county  clerk,  in  counties  not  under  township  organization, 
shall  make  out  and  deliver  to  the  sheriff  of  his  county,  or  in  counties  under 
township  organization,  to  the  several  town  clerks,  and  to  city  clerks  in  cities 
of  the  first  and  second  class,  three  notices  thereof  for  each  precinct,  township, 
or  ward  in  which  the  election  in  such  county  is  to  be  held.     The  notices  shall 
be  substantially  as  follows :     • 

Notice  is  hereby  given,  that  on  Tuesday,  the r-  day  of  November,  —  — ,  next,  at 

the  house  of  ,  in  ,   an  election  will  be  held  for  governor,   etc.    (naming  all  .the 

state  and  other  officers  to  be  balloted  for),  which  election  will  be  open  at  8  o'clock  in  the 
morning,  and  will  continue  open  until  6  o'clock  in  the  afternoon  of  the  same  day.  Dated  this 
dayof .  A.  D.  19 — .  A.  B.  County  Clerk. 

(1879  p.  243;  Ann.  5661;  Comp.  3222.) 

In  emergency,  polling  place  may  be  changed  on  due  notice;   election  not  void  if  result 
is  unaffected.     Whitcomb  v.  Chase,   83  Neb.  361    (119  N.  W.   673). 


ELECTION  LAWS   OF  NEBRASKA  9 

1970  Sec.  32.  Same — when  to  be  posted. — The  said  sheriff  or  town  or 
city  clerk  to  whom  the  notices  are  delivered  shall  post  up  in  three  of  the  most 
public  places  in  each  precinct,  township,  or  ward  the  three  notices  therefor, 
at  least  ten  days  before  the  time  of  holding  any  election.  (1879  p.  243 ;  Ann. 
5662;  Comp.  3223.) 

Mileage  is  only  compensation;  no  per  diem.  Posting-  two  elections  at  once,  same  pay 
as  one.  Logan  Co.  v.  Doan,  34  Neb.  104  (51  N.  W.  598.) 


ARTICLE   IV. 

OFFICERS    OF    ELECTION. 

SECTION  SECTION 

1971      Appointment    of    election    officers.  1980.     Penalty  for  failure  of  officer  to  seive 

1972.  Same — from    list    of    names    furnished  on   board. 

by    central    committee.  1981.     Excusing    appointee    from    serving. 

1973.  Same — how  chosen  when  list  not  fur-       1982.     Vacancy— how  filled. 

nished.  1983.     Penalty    for    neglect    of    clerk    to    ap- 

1974.  Disqualification  of  candidate  for  elec-  point. 

tive   office.  1984.     Number   of   officers   when   registration 

1975.  Same — removal    from    board.  required. 

1976.  Failure    to    appear    at    polls — how    va-       1985.     Duties   of  officers. 

cancy   filled.  1986.     Number    of    board    when    voting    ma- 

1977.  Same — selection   by  voters.  chine   used. 

1978.  Revising   list   of   officers — vacancies.  1987       Compensation    of    clerk    for    selecting 

1979.  Notice  of  appointment  election    officers. 

1971  Sec.  33.     Elections— election  boards— number— term.  —  The   clerk 
of  the  district  court,  except  in  counties  having  an  election  commissioner,  of 
each  county  shall,  at  least  fifteen  days  prior  to  the  primary  election  of  each 
general  election,  appoint  three  judges  and  two   clerks   of  election   in  each 
election  precinct  in  the  county.     In  precincts  where  more  than  one  hundred 
votes  were  polled  at  the  last  general  election,  the  said  clerk  of  the  district  court 
shall,  in  the  same  manner,  appoint  three  additional  judges  and  two  clerks  to 
be  known  as  the  election  counting  board.     Each  of  such  appointees  shall  be 
of  good  character,  approved  integrity,  well  informed,  able  to  read,  wrrite  and 
speak  the  English  language,  and  shall  have  resided  in  the  election  precinct 
in  which  he  is  to  serve  for  one  year  next  preceding  his  appointment,  be  entitled 
to  vote  therein,  and  shall  hold  office  for  a  term  of  two  years.     (Laws  1917. 
p.  98.) 

1972  Sec.  34.     Same — how  selected.  —  The  judges  and  clerks  provided 
for  in  the  next  preceding  section  shall  be  selected  from  a  list  of  names  to  be 
furnished  by  the  chairman  of  the  county  central  committees  of  the  various 
political  parties  within  the  county,  which  lists  shall  be  submitted  to  the  clerk 
of  the  district  court  at  least  twenty  days  prior  to  the  primary  election  of 
each  general  election  and  shall  contain  the  names  of  ten  persons  for  each 
voting  precinct  in  the  county  who  are  duly  qualified  to  serve  as  judges  and 
clerks  of  election.     The  clerk  of  the  district  court  shall  select  from  the  above 
mentioned  lists,  for  each  voting  precinct,  two  judges  and  two  clerks  from  the 
political  party  polling  the  highest  number  of  votes  at  the  last  general  election 
in  the  precinct  as  shown  by  the  votes  cast  for  the  first  set  of  candidates  on 
the  state  ticket;  two  judges  and  two  clerks  from  the  party  polling  the  next 
highest  number  of  votes;  two  judges  from  the  party  polling  third  highest 
number  of  votes;  provided,  such  third  party  polled  one-tenth  of  the  total 
vote  polled  in  the  county   at  the  preceeding  election,   otherwise  the  party 
polling  the  highest  number  of  votes  at  the  last  general  election  shall  be  entitled 
to  four  judges  and  two  clerks.     Except  that  in  precincts  where  less  than  one 
hundred  votes  were  cast  at  the  last  general  election,  the  clerk  of  the  district 
court  shall  select  from  the  above  mentioned  lists  one  judge  and  one  clerk 
from  the  political  party  polling  the  highest  number  of  votes  at  the  last  general 


10  ELECTION  LAWS  OF  NEBRASKA 

election  in  the  precinct,  as  shown  by  the. vote  cast  for  the  first  set  of  candi- 
dates on  the  state  ticket;  one  judge  and  one  clerk  from  the  party  polling  the 
next  highest  number  of  votes;  one  judge  from  the  party  polling  the  third 
highest  number  of  votes;  provided,  such  third  party  polled  one-tenth  of  the 
total  vote  polled  in  the  county  at  the  preceding  election,  otherwise  the  party 
polling  the  highest  number  of  votes  at  the  last  general  election  shall  be  entitled 
to  two  judges  and  one  clerk.  Two  or  more  parties  voting  for  the  same  set 
of  candidates  in  general  shall  be  considered  as'  one  party.  The  said  clerk  of 
the  district  court  shall  designate  which  of  said  judges  and  clerks  shall  con- 
stitute the  counting  board  of  five  and  also  receiving  board  of  five,  in  propor- 
tion on  each  board  as  to'  party  affiliations  as  said  Judges  and  Clerks  are  ap- 
pointed as  above.  (Laws  1917,  p.  98.)" 

1973  Sec.  35.    Same — how  chosen  when  list  not  furnished. — In  case  no 
names  are  submitted  by  any  central  committee,  as  provided  in  the  next  pre- 
ceding section,  the  clerk  of  the  district  court  shall  select  known  and  recog- 
nized members  of  that  party  in  accordance  with  the  provisions  of  this  article. 
(1879  p.  244;  1897  p.  209;  1901  p.  337;  1903  p.  290;  1909  p.  242;  Ann.  5666; 
Comp.  3227.) 

1974  .Sec.  36.    Disqualification  of  candidate  for  elective  office. — No  per- 
son shall  be  eligible  as  a  member  of  a  board  of  election  who  is  a  candidate  to 
be  voted  for  at  such  election  to  be  holden  in  the  precinct  and  during  the  term 
for  which  he  is  selected,  or  who  has  anything  bet  or  wagered  on  the  result 
of  such  election.     (1879  p.  244;  1897  p.  209;  1901  p.  337;  1903  p.  290;  1909 
p.  242 ;  Ann.  5666 ;  Comp.  3227.) 

1975  Sec.  37.     Same — removal  from  board. — If  at  any  time  before  an 
election  it  shall  be  made  to  appear  to  any  clerk  of  the  district  court  by  the 
affidavit  of  two  or  more  qualified  electors  of  any  precinct,  that  any  member 
of  the  election  board  is  disqualified  under  the  provisions  of  this  article,  he 
shall  at  once  remove  such  member  and  fill  the  place  from  the  list  submitted 
by  the  chairman  of  the  same  party  as  the  member  removed.     (1879  p.  244; 
1897  p.  209;  1901  p.  337;  1903  p.  290;  1909  p.  242;  Ann.  5666;  Comp.  3227.) 

1976  Sec.  38.    Failure  to  appear  at  polls — how  vacancy  filled. — If  any 
member  of  an  election  board  fails  to  appear  at  the  hour  appointed  for  the 

opening  of  the  polls,  the  remainder  of  the  board  shall  select  as  a  member 
of  such  board  to  serve  in  his  stead  an  elector  from  the  same  political  party, 
if  possible,  as  the  absent  member  was  chosen  from.  (1879  p.  244;  1897  p. 
209;  1901  p.  337;  1903  p.  290;  1909  p.  242;  Ann.  5666;  Comp.  3227.) 

1977  Sec.   39.     Same — selection  by  voters. — If  none   of  the   appointed 
members  of  an  election  board  shall  appear  at  the  hour  appointed  for  the 
opening  of  the  polls,  the  qualified  electors  present  shall  elect  viva  voice  as 
nearly  as  possible,  in  conformity  with  the  provisions  of  the  six  next  preceding 
sections.     (1879  p.  244;  1897  p.  209;  1901  p.  337;  1903  p.  290;  1909  p.  242; 
Ann.  5666;  Comp.  3227.) 

1978  Sec.  40.    Revising  list  of  officers — vacancies. — Fifteen  days  prior 
to  any  special  election  the  clerk  of  the  district  court  shall  revise  the  list  of 
judges  and  clerks  of  election  within  the  district  wherein  the  election  is  to 
occur,  and  all  vacancies  shall  be  filled  as  nearly  as  possible  in  the  manner  in 
which  the-original  appointments  were  made.     (1879  p.  244;  1897  p.  209;  1901 
p.  337;  1903  p.  290;  1909  p.  243;  Ann.  5666;  Comp.  3227.) 

1979  Sec.  41.     Notice  of  appointment. — The  clerk  of  the  district  court 


ELECTION  LAWS  OF  NEBRASKA  11 

shall,  within  three  days  after  the  appointment  of  aforementioned  judges  and 
clerks  of  election,  notify  such  judges  and  clerks  of  their  appointment,  through 
the  United  States  registered  mail,  and  order  them  to  appear  at  their  respec- 
tive polling  places  at  least  one-half  hour  prior  to  the  hour  fixed  for  the  open- 
ing of  the  polls  on  the  day  fixed  for  the  election,  stating  in  the  order,  the 
day  of  the  week  and  month  and  the  polling  place,  as  well  as  the  hour  for  the 
opening  of  the  polls.  Each  judge  and  clerk  of  election  shall  appear  at  his 
respective  polling  place  on  the  day  and  at  the  hour  specified  in  such  order 
and  shall  act  in  the  capacity  appointed.  (1879  p.  244;  1897  p.  209;  1901  p. 
337;  1903  p.  290;  1909  p.  243;  Ann.  5666;  Comp.  3227.) 

1980  Sec  42.     Penalty  for  failure  of  officer  to  serve  on  board. — If  any 
person  ordered  to  serve  as  judge  or  clerk  of  election  fails,  refuses,  or  neg- 
lects to  serve,  such  person  shall  be  subject  to  a  fine  in  any  sum  not  less  than 
five  dollars  nor  more  than  fifty  dollars  and  costs,  in  the  county  court.     (1879 
p.  244;  1897  p.  209;  1901  p.  337;  1903  p.  290;  1909  p.  243;  Ann.  5666;  Comp. 
3227.) 

1981  Sec.  43.     Excusing  appointee  from  serving. — Any  person  selected 
as  a  judge  or  clerk  of  election  may,  at  any  time  before  election  day,  be  ex- 
cused by  the  clerk  of  the  district  court  from  serving  in  such  capacity  by 
reason  of  sickness  of  self,  or  serious  illness  of  any  member  of  his  family,  or 
unavoidable  absence  from  the  voting  precinct  on  election  day.     (1879  p.  244; 
1897  p.  209;  1901  p.  337;  1903  p.  290;  1909  p.  243;  Ann.  5666;  Comp;  3227.) 

1982  Sec.  44.     Vacancy — how  filled. — In  case  of  any  vacancy  by  reason 
of  excuse, to  the  clerk  of  the  district  court,  he  shall  fill  the  place  from  the  list 
submitted  by  the  chairman  of  the  same  party  as  the  member  excused,  and 
the  person  selected  to  fill  such  vacancy  shall  be  notified  of  such  appointment 
as  provided  for  in  this  article.     (1879  p.  244;  1897  p.  209;  1901  p.  337;  1903 
p.  290;  1909  p.  243;  Ann.  5666;  Comp.  3227.) 

1983  Sec.  45.     Penalty  for  neglect  of  clerk  to  appoint. — If  the  clerk  of 
the  district  court  in  any  county  fails  or  neglects  to  perform  his  duties  pro- 
vided for  in  this  chapter  he  shall  be  subject  to  a  fine  of  not  less  than  ten  nor 
more  than  one  hundred  dollars  and  costs,  in  the  district  court.     (1879  p.  244; 
1897  p.  209;  1901  p.  337;  1903  p.  290;  1909  p.  243;  Ann.  5666;  Comp.  3227.) 

1984  Sec.  46.     Number  of  officers  when  registration  required. — At  the 
same  time  and  in  the  same  manner  as  judges  of  election  are  now  appointed 
or  elected,  two  additional  judges  of  election  for  each  election  district  or  pre- 
cinct in  cities  where  a  registration  of  voters  is  required,  shall  be  appointed 
or  elected;  the  said  additional  judges  of  election  shall  be  paid  in  the  same 
manner,  and  at  the  same  rate  as  judges  of  election  are  now  paid.     (1897  p. 
223;  Ann.  5824;  Comp.  3380.) 

1985  Sec.  47.    Duties  of  officers. — Such  judges  and  clerks  shall,  during 
their  term  of  office,  act  at  all  general,  primary  and  special  elections,  except 
city  and  village  elections,  held  in  the  county  or  precinct  of  which  the  voting 
precinct  in  which  they  reside  forms  a  part.     (1879  p.  244;  1897  p.  209;  1901 
p.  337;  1903  p.  290;  1909  p.  241;  Ann.  5666;  Comp.  3227.) 

1986  Sec.  48.    Number  of  board  when  voting  machine  used. — Where 
voting  machines  are  used  the  election  board  shall  consist  of  two  judges  and 
one  clerk  and  shall  be  chosen  in  the  manner  now  provided  by  law :     Provided, 
however,  when  a  general  registration  of  voters  is  held  in  connection  with  an 


12  ELECTION  LAWS  OF  NEBRASKA 

election  where  voting  machines  are  used,  then  and  in  that  event  the  election 
board  shall  consist  of  three  judges  and  two  clerks.  (1905  p.  363;  Ann.  5935; 
Comp.  3360o.) 

1987  Sec.  49.  Compensation  of  clerk  for  selecting  election  officers.— 
The  clerk  of  the  district  court  shall  receive  for  his  services  in  appointing  the 
boards  of  elections,  the  sum  of  twenty-five  cents  for  each  person  appointed 
under  the  provisions  of  this  article,  the  same  to  be  paid  out  of  the  general 
fund  of  the  county.  (1879  p.  244;  1897  p.  209;  1901  p.  337;  1903  p.  290;  1909 
p.  241;  Ann.  5666;  Comp.  3227.) 


ARTICLE  V. 

BALLOTS  AND  POLLING  BOOTHS 

SECTION  SECTION 

1988.  Cost     of     printing     ballots — by     whom       2002.     Sample  ballots. 

paid.  2003.     Same — distribution. 

1989.  Ballots    to   be   provided   by   county   or       2004.     Submission    of    special     questions     to 

city  clerk.  state  vote. 

1990.  Form  of  official  ballot.  2005.  Same — to  limited  districts. 

1991.  Same — schedule  "A."  2006.  Delivery  of  ballots  to  election  boards. 

1992.  Candidates — how  named  on  ballot.  2007.  Error — correction   of. 

1993.  Arrangement  of  names  on  ballot.  2008.  Polling  places  and  supplies  to  be  pro- 

1994.  Political  parties  named.  vided  by  county  board. 

1995.  Blank  space  to  be  left  to  vote  for  per-       2009.  Number   of   voting   booths    to   be   pro- 

sons  not  named.  vided  in  each  precinct. 

1996.  Manner  of  printing  ballots.  2010.     Persons  permitted  to  be  within  guard 

1997.  Official  ballots — who  to  prepare.  rail. 

1998.  Same — when  printed.  2011.     Expense    of    providing    voting:    place — 

1999.  Ballots  to  designate  office.  how  Paid. 

2000.  Number  of  ballots  for  each  precinct.  2012.     Size  of  voting  districts. 

2001.  Cards  of  instruction. 

1988  Sec.  50.    Cost  of  printing  ballots— by  whom  paid.— All   ballots 
cast  in  election  for  public  officers  within  this  state  shall  be  printed  and  dis- 
tributed at  public  expense,  as  hereinafter  provided.     The  printing  of  ballots 
and  cards  of  instruction  for  the  electors  in  each  county,  and  the  delivery 
of  the  same  to  the  election  officers,  as  hereinafter  provided,  shall  be  a  county 
charge,  the  payment  of  which  shall  be  provided  for  in  the  same  manner  as  the 
payment  of  other  county  expenses.     The  expense  of  printing  and  delivering 
the  ballots  and  cards  of  instruction  to  be  used  in  municipal  elections,  shall 
be  a  charge  upon  the  city  or  village  in  which  said  municipal  elections  shall 
be  held.     (1897  p.  213;  Ann.  5807;  Comp.  3361.) 

1989  Sec.  51.    Ballots  to  be  provided  by  county  or  city  clerk. — Except 
as  otherwise  provided  by  law,  it  shall  be  the  duty  of  the  county  clerk  of  each 
county  to  provide  printed  ballots  for  every  election  for  public  officers  in 
which  electors,  or  any  of  the  electors  within  the  county  participate,  and  to 
cause  to  be  printed  in  the  ballot  the  name  of  every  candidate  whos'e  name 
has  been  certified  to,  or  filed  with,  the  county  clerk  in  the  manner  provided 
for  in  this  article.     But  in  municipal  elections  the  city  or  village  clerk  shall 
provide  printed  ballots.     Ballots  other  than  the  official  white  ballot  printed 
by  the  respective  county  or  municipal  clerks,  according  to  the  provisions  of 
this  article,  shall  not  be  cast  or  counted  in  any  election.     (1897  p.  219;  Ann. 
5818;  Comp.  3374.) 

1990  Sec.  52.     Form  of  official  ballot. — All  official  ballote  prepared  un- 
der the  provisions  of  this  chapter  shall  be  white  in  color,  not  less  than  five 


ELECTION  LAWS  OF  NEBRASKA  13 

inches  nor.  more  than  fifteen  and  one-half  inches  wide  of  good  quality  of  news- 
paper paper  ,  and  all  matter  thereon  shall  be  printed  in  black  ink.  The 
ballot  shall  be  made  up  in  columns,  not  more  than  three  in  number,  in  which 
the  names  of  all  candidates  and  measures  or  proposals  shall  be  printed  on 
lines  twenty-four  ems  wide.  Around  the  entire  outside  edge  of  the  ballot 
shall  be  left  a  blank  margin  not  less  than  three-fourths  of  an  inch  wide.  The 
columns  shall  be  separated  by  space  not  less  than  three-fourths  of  an  inch  wide 
and  in  the  center  of  such  space  shall  be  two  heavy  perpendicular  continuous 
lines  running  the  length  of  the  columns  not  less  than  four  nor  more  than  five 
picas  apart  and  between  which  shall  be  printed  a  perpendicular  column  of  hor- 
izontal lines  or  rules  occupying  one-third  of  the  space  thereof,  set  close  to- 
gether, as  nearly  as  possible  to  correspond  to  the  form  as  set  out  in  schedule 
"A"  hereafter.  At  the  top  of  the  ballot  and  over  all  else  shall  be  printed  in 
blackface  type  one-half  inch  high  the  words  "Official  Ballot,  General  Elec- 
tion 19— ." 

The  names  of  all  candidates  and  all  measures  to  be  voted  upon  shall  be 
arranged  upon  the  ballot  in  parts  separated  from  each  other  by  black  lines, 
as  follows: 

First.  All  proposals  submitted  by  initiative  or  referendum,  each  separat- 
ed by  heavy  horizontal  lines  across  the  column. 

Second.  Provision  for  voting  a  straight  party  ticket  as  follows :  On  the 
left  side  of  the  column  shall  be  printed  a  circle  one-half  inch  in  diameter  with 
leaders  running  from  each  circle  to  £he  name  of  each  party  having  candi- 
dates on  the  ballot  which  names  shall  be  in  black  face  capital  type  one-eighth 
inch  high.  Over  the  top  circle  shall  appear  the  following  instructions : 

To  Vote  a  Straight  Ticket,  Make  Your  Cross  Within 
Your  Party  Circle. 

Third.  Proposals  for  constitutional  amendments,  each  proposal  of  which 
shall  be  separated  by  black  lines  across  the  column. 

Fourth.  If  the  election  be  in  a  year  in  which  a  president  of  the  United 
States  is  to  be  elected.  In  spaces  separated  from  the  foregoing  by  heavy 
black  line  and  entitled  Presidential  Ticket,  in  black  type  one-quarter  of  an 
inch  high,  shall  be  the  names  and  spaces  for  voting  for  candidates  for  presi- 
dent and  vice-president.  The  names  of  candidates  for  president  and  vice- 
president  for  each  political  party  shall  be  grouped  together,  each  group  en- 
closed with  brackets  with  one  circle  to  the  left  in  which  the  voter  indicates 
his  choice,  and  the  party  name  to  the  right — according  as  near  as  possible  to 
the  following  form  or  schedule: 

/^""X    (  WOODROW  WILSON,  President  \  '^ 

V  y  j  (  Democrat 

V_X    (  THOMAS  R.  MARSHALL,  Vice-President  ) 

with  a  heavy  line  across  the  column,  separating  the  group  of  the  different 
political  parties. 

Fifth.  Following  and  immediately  after  a  heavy  black  line  separating 
from  the  four  preceding  named  parts  shall  appear  the  names  of  candidates  for 
United  States  Senator,  if  any  are  to  be  elected. 

Sixth.  In  spaces  separated  from  the  foregoing  by  a  heavy  black  line 
and  entitled  "STATE  TICKET,"  in  black  type  one  quarter  of  an  inch  high, 
shall  be  the  names  and  spaces  for  voting  for  candidates  for  the  various  state 


14  ELECTION  LAWS  OF  NEBRASKA 

officers,  each  set  of  which  shall  be  separated  by  lines  across  the  column  and 
above  each  set  of  candidates  shall  be  designated  the  office  for  which  they  are 
candidates  and  arranged  in  the  order  as  shown  in  schedule  "A." 

Seventh.  In  like  manner  shall  be  printed  the  names  of  candidates  for 
congress,  candidates  for  the  legislature  and  candidates  for  county  offices ;  the 
county  ticket  shall  also  include  measures  submitted  to  the  county  vote  only, 
and  precinct  tickets  shall  include  the  names  of  candidates  and  measures  sub- 
mitted to  precinct  only;  city  tickets  shall  include  the  names  of  candidates 
and  measures  submitted  to  city  only.  (Laws  1917,  p.  106.) 

1991  Sec.  53.     Same— schedule  "A"— The  form  of  the  official  ballot  shall 
as  near  as  possible  conform  to  schedule  "A"  hereof.     Each  division  contain- 
ing the  names  of  the  office  and  a  list  of  the  candidates  nominated  for  such 
office  shall  be  separated  from  other  groups  by  a  distinct  and  heavy  line. 

(See  folded  insert  herewith  for  copy  of 
proposed  ballot.) 

(1897  p.  219;  1899  p.  125;  1901  p.  343;  1903  p.  300;  Ann.  5819;  Comp.  3375; 
1897  p.  231;  1899  p.  130;  1901  p.  351;  1903  p.  303;  1915  p.  95;  Ann.  5838; 
Comp.  3395.) 

1992  Sec.  54.     Candidates — how  named  on  ballot. — Every  ballot  shall 
contain  the  name  of  every  candidate  whose  nomination  for  any  office  speci- 
fied in  the  ballot  has  been  certified  or  filed  according  to  the  provisions  of  this 
chapter,  and  no  other  names,  and  the  name  of  no  candidate  shall  appear  on 
the  ballot  more  than  once.     (1897  p.  219;  1899  p.  125;  1901  p.  343;  1903  p. 
300;  Ann.  5819;  Comp.  3375.) 

1993  Sec.  55.     Elections — arrangement  of  names  on  ballots. — The  names 
of  candidates  for  each  office  shall  be  arranged  as  follows:     The  party  polling 
the  highest  number  of  votes  at  the  last  general  election  for  the  first  set  of 
candidates  on  the  state  ticket,  shall  have  the  name  of  its  nominee  immediately 
beneath  the  name  of  the  office  for  which  such  candidate  was  nominated,  the 
party  polling  the  second  highest  number  of  votes  shall  have  the  second  place, 
the  party  having  the  third  highest  number  of  votes  shall  have  third  place,  and 
so  on,  leaving  those   candidates  whose   names   appear  upon   said   ballot  by 
petition,  to  appear  beneath  all  other  candidates  placed  there  by  nomination. 
The  party  named  at  the  top  of  the  ballot  shall  have  the  same  order  of  priority 
as  is  herein  provided  for  names  of  party  candidates. '  In  counties  having  a 
population  of  20,000  or  more,  names  of  nominees  of  each  party  where  there 
are  more  than  one  nominee  for  the  same  office  shall  be  rotated  according  to 
the  following  plan :     The  form  shall  be  set  in  the  order  in  which  they  are 
placed  upon  the  sample  ballot  prepared  by  the  county  clerk.     In  printing  the 
tickets  for  the  various  election,  diistricts  the  positions  of  the  names  shall  be 
changed   in   each   office   division   for   each   election   district.     In   making   the 
•changes  of  position  the  printer  shall  take  the  line  of  type  at  the  head  of  each 
office  division  and  place  it  at  the  bottom  of  that  division,  shoving  up  the 
column  so  that  the  name  that  was  second  before  the  change  shall  be  the  first 
after  the  change.     Sample  ballots  shall  be  printed  in  the  same  way.     (Laws 
1917,  p.  109.) 

1994  Sec.   56.     Political  parties  named. — Any   candidate  who   shall  be 
the  regular  nominee  of  one  or  more  parties,  shall  have  the  party  title  of  each 
party  so  nominating  him  printed  after  his  name.     (1897  p.  219;  1899  p.  125; 
1901  p.  343;  1903  p.  300;  Ann.  5819;  Comp.  3375.) 

1995  Sec.  57.    Blank  space  to  be  left  to  vote  for  persons  not  named. — 


ELECTION  LAWS  OP  NEBRASKA  16 

In  each  division,  and  beneath  all  candidates  placed  there  by  nomination  or 
petition,  a  blank  space  shall  be  provided,  into  which  electors  may  write  the 
name  of  any  person  for  whom  they  wish  to  vote  and  whose  name  is  not 
printed  upon  the  ballot.  (1897  p.  219;  1899  p.  125;  1901  p.  343;  1903  p.  300; 
Ann.  5819;  Comp.  3375.) 

1996  Sec.  58.     Manner  of  printing  ballots. — The  names  of  the  candidates 
shall  be  printed  in  capital  letters,  in  type  not  smaller  than  ten  point  nor  larger 
than  twelve  point.     At  the  beginning  of  the  line  shall  be  printed  a  square 
each  side  of  which  shall  be  one  fourth  inch,  immediately  followed,  on  the 
same  line  by  the  name  of  the  candidate,  and  the  names  of  the  party  represent- 
ed by  the  candidate  shall  be  printed  in  lower  case  type  of  the  same  size  at 
the  right  side  of  the  line  with  leaders  connecting  the  name  of  each  candidate 
to  the  party  title  and  square.     The  space  intervening  between  the  names  of 
candidates  for  the  same  office  shall  be  three-sixteenths  of  an  inch,  and  the 
space  between  candidates  for  different  parties  shall  be  three-fourths  of  an 
inch.     Proposals  submitted  by  initiative  or  referendum  or  for  constitutional 
amendments  shall  be  printed  in  lower  case  ten  point  type,  but  the  title  head- 
ing and  number  thereof  shall  be  in  black  face.     The  square  for  voting  thereon 
shall  be  printed  at  the  left  side  of  the  column.     (1897  p.  219;  1899  p.  125; 
1901  p.  343;  1903  p.  300;  1915  p.  96;  Ann.  5819;  Comp.  3375.) 

1997  Sec.  59.     Official  ballots — who  to  prepare. — No  person  other  than 
the  county  or  municipal  clerk  shall  print  or  cause  to  be  printed  any  ballot 
or  ballots  marked  official  ballot,  nor  shall  any  person  except  said  clerk  print 
or  cause  to  be  printed  any  ballot  or  ballots  upon  white  paper.     (1897  p.  219; 
1899  p.  125;  1901  p.  343;  1903  p.  302;  Ann.  5819;  Comp.  3375.) 

1998  Sec.  60.    Same — when  printed. — The  official  ballot  shall  be  printed 
and  in  possession  of  the  municipal  or  county  clerk  at  least  five  days  before 
election,  and  subject  to  inspection  by  the  candidates  and  their  agents.     At 
the  top  of  the  official  ballot  shall  be  printed  the  words  official  ballot,  and  at 
the  top  of  the  sample  ballot  shall  be  printed  the  words  sample  ballot.     (1897 
p.  219;  1899  p.  125*  1901  p.  343;  1903  p.  302;  Ann.  5819;  Comp.  3375.) 

1999  Sec.  61.    Ballots  to  designate  office. — The  ballots  shall  designate 
the  office  for  which  the  persons  therein  named  are  voted  for.     (1879  p.  246 ; 
Ann.  5670;  Comp.  3231.) 

If  office  is  not  designated  ballot  is  void.  State  v.  Griffey,  5  Neb.  161.  Where  intention- 
of  voter  is  ascertainable  from  ballot  and  extrinsic  public  facts,  vote  is  valid.  State  v. 
Dinsmore,  5  Neb.  145. 

2000  Sec.   62.    Number  of  ballots  for  each  precinct. — The   county  or 
municipal  clerk,  charged  with  the  duty  of  printing  and  providing  ballots,  shall 
provide  for  each  election  precinct  or  district  in  the  county  or  municipality,, 
seventy-five  ballots  for  every  fifty  or  fraction  of  fifty  voters  registered  at  the 
last  preceding  election  in  the  district.     If  there  is  no  registry  in  the  precinct, 
district,  or  municipality,  such  ballots  shall  be  provided  to  the  number  of 
seventy-five  for  every  fifty  or  fraction  of  fifty  voters  who  voted  at  the  last 
general  election  in  the  district.     When  a  precinct  or  district  shall  be  divided 
or  the  boundaries  changed,  the  clerk  must  ascertain,  as  nearly  as  possible,  the 
number  of  voters  in  the  new  district  or  districts,   and  provide  therefor  a 
sufficient  number  of  ballots  in  the  above  proportion.     (1897  p.  222;  1901  p. 
346;  1915  p.  96;  Ann.  5820;  Comp.  3376.) 

2001  Sec.  63.     Cards  of  instruction. — The  county  clerk  of  each  county 


16  ELECTION  LAWS  OF  NEBRASKA 

shall  cause  to  be  printed  in  large  type  on  cards  in  English,  instructions  for  the 
guidance  of  electors  in  preparing  their  ballot.  He  shall  furnish  six  such  cards 
to  the  judges  of  the  election  in  each  election  precinct,  and  one  additional  card 
for  each  fifty  registered  electors  or  fractional  part  thereof  in  the  precinct,  at 
the  same  time  and  in  the  same  manner  as  the  printed  ballots.  The  judges  of 
election  shall  post  not  less  than  one  of  such  cards  in  each  voting  booth  provid- 
ed for  the  preparation  of  ballots,  and  not  less  than  three  of  such  cards  else- 
where in  and  about  the  polling  places  on  the  day  of  election.  Such  cards 
shall  be  printed  in  large,  clear  type  and  shall  contain  full  instructions  to  the 
voters,  according  to  schedule  "B"  hereof. 

SCHEDULE    "B" 
INSTRUCTIONS    TO   VOTERS. 

1.  Persons  desiring-  to  vote  must  procure  their  ballots  from  a  judge  of  the  election 
board. 

2.  They  must  then,  without  leaving-  their  polling:  place,  proceed  to  .a  compartment  and 
prepare  their  ballots. 

3.  The  ballots  are  prepared  as  follows:     If  you  wish  to  vote  a  straight  ticket,  make 
a  mark  in  the  circle  at  the  top  of  the"  ballot  to  the  left  of  the  name  of  your  party,  and  your 
ballot  will  then  be  counted  for  every  candidate  and  as  approval  of  party  action  on  any  con- 
stitutional amendment  of  that  party  on  the  ballot.     If  you   wish   to   vote  otherwise   than   a 
straight  ticket  make  a  cross  in  the  square  to  the  left  of  the  name  of  each  person  for  whom 
you  wish   to  vote  or  for  or     against  any  constitutional   amendment;   if  you   wish   to   vote  a 
straight   ticket   with    the   exception   of   certain   offices    or   constitutional    amendment,    place   a 
cross  in   the  circle  at  the  head  of  the   ticket  for  which  you  wish   to   vote  in  the  main,   and 
then  place  a  cross  in  the  square  to  the  left  of  the  candidates  of  the  other  parties  for  whom 
you  wish  to  vote,  or  in  the  square  to  the  left  of  the  words  "For"  or  "Against"  in  any  con- 
stitutional amendment.     When  two  or  more  candidates  of  the  same  party  are  to  be  voted  for 
for  the  same  office   (as  two  or  more  representatives)    and  the  voter  wishes   to  vote   for  one 
or  more  of  his  own  party  and  one  or  more  of  another  party,  he  must   make  a  cross  after 
each  candidate  for  whom  he  wishes  to  vote  for  that  office.     Do  not  make  any  mark  on  the 
ballot   save  as  above  directed.     If  you   spoil   a  ballot   return   it   to   a  judge   of   the   election 
board   and   obtain   from  him   a  new   ballot;    you   cannot   get   more   than   four  in   all.     Having 
marked  your  ballot,   fold  it  so  as   to  conceal  the  names   and  marks  on   the  face  and   to   ex- 
pose the  names  on  the  back;  then  take  it  to  a  judge  of  the  election  and  see  it  deposited  in 
the  ballot   box,   after  which   immediately  leave   the   railed   enclosure. 

4.  If   you    wish    to    vote    for   any    person    whose    name    is    not   printed    on    the    ballot, 
write  his   name   in   full   in   the   blank   space   on   the   ballot   under   the   proper   office   you   wish 
him  to  hold,  and   make  a  cross  in  the  square  opposite  the  written  name. 

5.  Do   not   take   any   ballot   from   the  polling  place;   you   thereby  forfeit   the   right   to 
vote. 

(1897  p.  226;  Ann.  5829;  Comp.  3385;  1897  p.  229;  1899  p.  129;  1901  p.  350; 
1915  p.  97;  Ann.  5837;  Comp.  3394.) 

MARKING  BA.LL.OT. — Cross  to  left  of  name,  or  out  of  party  circle,  held  legal;  mark 
must  be  a  cross.  Mauck  v.  Brown,  59  Neb.  382  (8-1  N.  W.  313).  Name  written  in  must  be 
marked  with  cross  opposite.  Martin  v.  Miles,  46  Neb.  772  (65  N.  W.  889). 

IDENTIFICATION  MARKS.— Ballot  indorsed  by  elector  is  void.  Spurgin  v.  Thomp- 
son, 37  Neb.  39  (55  N.  W.  297).  Identifying  marks  and  all  marks  except  as  provided  render 
ballot  invalid.  Mauck  v.  Brown,  59  Neb.  232  (81  N.  W.  313).  But  marks  upon  face  of  ballot 
•due  to  awkwardness,  etc.,  and  not  intended  for  identification,  will  not  invalidate.  Bingham 
v.  Broadwell,  73  Neb.  605  (103  N.  W.  323).  Marking,  unless  to  distinguish  ballot,  does  not 
void  same.  Gauvreau  v.  Van  Patten,  83  Neb.  64  (119  N.  W.  11).  Presumption  is  that  ballots 
were  not  marked  for  identification;  if  not,  are  valid.  White  v.  Slama,  89  Neb.  65  (130  N. 
W.  978). 

2002  Sec.  64.  Sample  ballots. — A  copy  of  the  official  ballot  as  arrang- 
ed by  order  and  direction  of  the  county  clerk  or  city  clerk  shall  be  printed  in 
two  or  more  newspapers  of  general  circulation  in  the  county  or  city,  to  be 
designated  by  the  county  board  or  city  council,  provided  if  there  be  no  news- 
paper published  in  the  county  of  general  circulation  then  the  county  board 
shall  designate  two  other  papers  of  general  circulation  in  the  county  in  which 
such  publication  shall  be  made.  Such  publication  shall  be  not  more  than  ten 
nor  less  than  three  days  before  the  day  of  the  election  and  the  same  shall 
appear  in  only  one  regular  issue  of  each  paper.  The  form  of  the  ballot  so 
published  in  newspapers  shall  conform  in  all  respects  to  the  form  prescribed 
for  official  ballots,  as  nearly  as  possible  to  schedule  "A"  as  set  forth  in  section 
1991  of  the  general  election  laws.  The  rate  charged  by  the  said  papers  and 


ELECTION  LAWS  OF  NEBRASKA  17 

paid  by  the  county  board  for  the  publication  of  such  sample  ballot  shall  not 
exceed  the  rate  regularly  charged  for  display  advertising  in  such  paper  in 
which  the  publication  is  made.  In  case  the  copy  of  the  ballot  cannot  be 
printed  on  a  double  page  of  the  paper  in  the  exact  form  prescribed  for  sample 
ballots  then  smaller  type  may  be  used  but  the  make  up  of  general  form  shall 
conform  to  that  prescribed  for  the  official  ballot. 

Provided,  there  shall  be  printed  on  three  ply  white  cardboard  from  the 
type  form  used  in  printing  the  official  ballots,  five  sample  ballots  for  each 
polling  place  in  each  election  precinct.  And  such  ballots  shall  be  posted  on 
the  morning  of  election  day,  by  the  judges  and  clerks  of  election,  at  or  near 
the  polling  place  for  inspection  of  the  voters.  (1897  p.  219 ;  1899  p.  125 ;  190i 
p.  343;  1903  p.  302;  1915  p.  98;  Ann.  5819;  Comp.  3375.) 

2003  Sec.   65.     Same — distribution. — Where  no  newspaper  is  published 
in  the  county  or  city  or  where  in  the  judgment  of  the  county  board  or  munici- 
pal board  or  council  the  sample  ballot  published  in  such  newspaper  will  not 
be  seen  by  the  voters  generally  they  may  provide  for  the  publication  in  a 
paper  published  outside  of  and  of  general  circulation  within  the  county  or 
city  or  they  may  provide  for  the  printing  and  distribution  a  number  of  sample 
ballots  on  red  or  green  paper  not  to  exceed  the  total  number  of  votes  cast  in 
such  county  or  municipality  at  the  last  preceding  general  election.     Such  sep- 
arate sample  ballot  shall  be  of  the  exact  size  and  form  as  the  official  ballot 
will  be,  and  shall  be  distributed  not  less  than  three  or  more  than  ten  days  be- 
fore the  election.     (1897  p.  219;  1899  p.  125;  1901  p.  343;  1903  p.  302;  1915 
p.  98;  Ann.  5819;  Comp.  3375. 

2004  Sec.   66.     Submission  of  special  questions  to  state  vote. — When- 
ever the  secretary  of  state  has  duly  certified  to  the  county  clerk  questions  to 
be  submitted  to  the  vote  of  the  people,  the  county  clerk  shall  have  printed 
above  the  names  of  all  candidates,  and  below  the  space  for  a  straight  party 
vote,  upon  the  regular  ballots  the  question  in  such  form  as  will  enable  the 
elector  to  vote  upon  the  question  so  presented.     On  constitutional  questions 
submitted  to  the  voters,  where  a  For  or  Against  vote  is  required,  and  where 
any  political  party  has  in  state  convention  taken  action  as  a  party  either  for 
or  against  such  question,  the  county  clerk  shall  have  the  name  of  such  political 
party  printed,  directly  after  the  words  For  or  Against,  -as  the  case  may  be, 
so  as  to  plainly  indicate  to  the  voter  the  stand  taken  by  such  party  on  such 
question,  as  shown  in  schedule  "A."     (1897  p.  219;  1899  p.  125;  1901  p.  343; 
1903  p.  301 ;  Ann.  5819 ;  Comp.  3375.) 

2005  Sec.  67.     Same— to  limited  districts.— The  county  clerk  shall  also 
prepare  the  necessary  ballots  whenever  any  question  is  required  by  law  to  be 
submitted  to  a  vote  of  the  electors  of  any  locality,  and  not  to  the  state  gen- 
erally :     Provided,  however,  when  questions  are  submitted  to  the  voters  of  any 
municipal  corporation  alone,  it  shall  be  the  duty  of  the  municipal  clerk  to 
provide  the  necessary  ballots.     (1897  p.  219;  1899  p.  125;  1901  p.  343;  1903 
p.  302;  Ann.  5819;  Comp.  3375.) 

2006  Sec.  68.    Delivery  of  ballots  to  election  boards. — Before  the  open- 
ing of  the  polls  the  county  clerk  of  the  county  or  the  municipal  clerk,  in  the 
case  of  a  municipal  election,  shall  cause  to  be  delivered  to  the  judges  of  elec- 
tion of  each  election  precinct  which  is  within  the  county  (or  within  the  munic- 
ipality in  the  case  of  municipal  election)  and  in  which  the  election  is  to  be 
held,  at  the  polling  place  of  the  precinct  the  proper  number  of  ballots  as 


18  ELECTION  LAWS  OF  NEBRASKA 

provided  for  in  section  62  of  this  chapter.  The  ballots  for  each  precinct  or 
district  shall  be  enclosed  in  a  sealed  packet  marked  with  the  proper  designa- 
tion of  the  precinct  or  district  and  at  the  opening  of  the  polls' the  package  of 
ballots  shall  be  publicly  broken  by  one  of  the  judges  of  election.  If  for  any 
cause  the  official  ballots  prepared  by  the  county  or  municipal  clerk  as  herein 
prescribed  shall  not  be  ready  for  distribution  at  any  polling  place,  or  if  the 
supply  of  ballots  shall  be  exhausted  before  the  polls  are  closed,  unofficial  bal- 
lots, printed  or  written  as  nearly  as  possible  in  the  form  of  official  ballots, 
may  be  used.  (1897  p.  222;  Ann.  5822;  Comp.  3378.) 

2007  Sec.  69.     Error — correction  of. — "Whenever  it  shall  appear  by  affi- 
davit that  an  error  or  omission  has  occurred  in  the  names  or  description  of 
the  candidates  nominated  for  office,  or  in  the  printing  of  the  sample  or  official 
ballots,  the  county  judge  or  a  judge  of  the  district  court  sitting  at  chambers 
may,  upon  application  of  any  voter,  by  order  require  the  clerk  charged  with 
the  duty  in  respect  to  which  such  error  or  omission  has  occurred,  to  correct 
such  error,  or  to  show  cause  why  such  error  should  not  be  corrected.     The 
clerk  shall  also  upon  his  own  motion,  correct  without  delay  any  patent  error 
in  the  ballots  which  he  may  discover  or  which  shall  be  brought  to  his  atten- 
tion, and  which  can  be  corrected  without  interfering  with  the  timely  distribu- 
tion of  the  ballots   as  herein  provided.     (1897   p.   222;   Ann.   5821;   Comp. 
3377.) 

2008  Sec.  70.     Polling  places — supplies. — All  officers  upon  whom  is  im- 
posed by  law  the  duty  of  designating  the  polling  places  shall  provide  each 
polling  place  designated  by  them  with  a  sufficient  number  of  places,  booths,  or 
compartments,  which  shall  be  furnished  with  such  supplies  and  conveniences 
as  shall  enable  the  voter  conveniently  to  prepare  his  ballot  for  voting,  and  in 
which  electors  may  secretly  mark  their  ballots,  and  shall  place  a  guard  rail 
so  constructed  that  only  persons  within  such  rail  can  approach  within  twelve 
feet  of  the  ballot  boxes  of  voting  booths  or  compartments  herein  provided  for. 
In  precincts  required  by  law  to  have  the  counting  election  board ;  the  county 
shall  provide  an  enclosed  compartment  for  the  use  of  the  said  counting  board. 
In  county  precincts  where  a  sufficiently  large  room  cannot  be  obtained,  the 
guard  rail  may  be  placed  six  feet  or  more  from  the  ballot  boxes  or  booths. 
(Laws  1917,  p.  99.) 

2009  Sec.  71.    Number  of  voting  booths  to  be  provided  in  each  precinct. 
— One  voting  booth  or  compartment  shall  be  provided  in  each  voting  precinct 
for  every  fifty  voters  or  fraction  thereof  registered  in  the  district  or  precinct, 
and  in  districts  or  precinct  where  there  has  been  no  registration  of  voters, 
not  less  than  one  voting  booth  or  compartment  shall  be  provided  for  every 
fifty  electors  voting  in  the  said  precinct  at  the  last  general  election.     (1897 
p.  223;  Ann.  5823;  Comp.  3379.) 

2010  Sec.  72     Persons  permitted  within  guard  rail. — No  persons  other 
than  electors  engaged  in  receiving,  preparing  or  depositing  ballots,  the  judges 
and  clerks  of  election,  and  one  qualified  elector  of  the  voting  precinct  as  a 
representative  of  each  of  the  political  parties,  for  the  purpose  of  challenging 
illegal  voters,  shall  be  permitted   to  be  within   said    rail,   or  counting   com- 
partment.    (Laws  1917,  p.  100.) 

2011  Sec.  73.    Expense  of  providing  voting  place — how  paid. — Expense 
of  providing  polling  places,  voting  booths  and  compartments  and  other  sup- 
plies required  by  this  chapter  shall  be  a  public  charge  and  shall  be  provided 


ELECTION  LAWS  OF  NEBRASKA 


19 


for  in  the  same  manner  as  other  election  expenses.     (1897  p.  223 ;  Ann.  5823 ; 
Comp.  3379.) 

2012  Sec.  74.  Size  of  voting  districts. — The  officers  now  charged  by 
law  with  the  division  or  alteration  of  election  districts  or  precincts  shall,  so 
far  as  necessary,  alter  and  divide  the  existing  election  districts  or  precincts, 
and  all  election  districts  or  precincts  which  shall  be  hereafter  created,  in  such 
manner  that  each  election  district  or  precinct  shall  not  contain  more  than 
three  hundred  voters.  (1897  p.  223;  Ann.  5823;  Comp.  3379.) 


ARTICLE  VI. 

OPENING  AND  CLOSING  POLLS. 
SECTION  SECTION 

2013.  Opening  and  closing  polls.  2015.     Closing    polls    where    voting    machine 

2014.  Announcing  opening  and  closing  polls.  used. 

2013  Sec.  75.     Opening  and  closing  polls. — At  all  elections  the  polls  shall 
be  opened  at  8  o'clock  in  the  morning,  and  close  at  8  o'clock  in  the  afternoon 
of  the  same  day ;  but  if  the  judges  and  clerks  shall  not  attend  at  the  hour  of 
8  o'clock  in  the  morning,  or  if  it  shall  be  necessary  for  the  electors  present  to 
appoint  judges  and  clerks,  or  any  of  them,  as  hereinafter  prescribed,  the  polls 
may,  in  that  case,  be  opened  at  any  time  before  the  time  for  closing  the  same 
shall  arrive,  as  the  case  may  require.     (1879  p.  243;  1915  p.  100;  Ann.  5663; 
Comp.  3224.) 

2014  Sec.  76.    Announcing  opening  and  closing  polls. — Upon  opening 
the  polls,  one  of  the  judges  of  election  shall  make  proclamation  of  the  same, 
and  at  least  thirty  minutes  before  the  closing  of  the  polls  proclamation  shall 
be  made  in  like  manner  that  the  polls  will  be  closed  in  half  an  hour.     (1879 
p.  244;  Ann.  5667;  Comp.  3228.) 

2015  Sec.  77.     Closing  polls  where  voting  machine  used. — Closing  the 
polls,  in  cases  where  voting  machines  are  used,  shall  not  be  deemed  to  exclude 
a  voter  entitled  to  vote  who  shall  have  passed  within  the  polling  place  and 
whose  name  has  been  checked  by  the  clerk  before  the  time  fixed  by  law  for 
closing  the  polls,  but  said  voter  shall  be  allowed  to  complete  the  act  of  voting. 
(1905  p.  355;  Ann.  5929;  Comp.  3360i.) 


ARTICLE  VII. 

VOTING    AND    CONDUCT    OF    ELECTION. 


SECTION  SECTION. 

2016.  Oath    of   officers   of   election.  2033. 

2017.  Same — by   whom   administered. 

Selecting  judges   to  deliver   ballots   to  2034. 

voters.  2035. 

Judges   to  deliver  ballots   to   voter.  2036. 
Marking  ballots. 

Time  allowed  elector  to  vote.  2037. 

Depositing    ballots    in    box.  2038. 

Checking  names  of  voters  with   regis-  2039. 

ter  in   cities.  2040. 

Swearing     in     unregistered     voter     in  2041. 

citiei.  2042. 

Same — affidavit   of   unregistered    voter  2043. 

— contents.  2044. 

Same — affidavits     filed     with     election  2045. 

officers — returned  to  city   clerk. 

Same — city  clerk  to   acknowledge   affi-  2047. 

davits— fees.  2048. 

Receiving   ballots    from    voter — check-  2049. 

ing  registers.  2050. 

Names  of  electors  voting  to  be  check-  2051. 

ed  with  registers  and  poll  books.  2052. 
Voting  for  person  not  named  in  ballot. 

Spoiled  ballots.  2053. 
Spoiled  and  unused  ballots — return  of. 


2018. 

2019. 
2020. 
2021. 
2022. 
2023. 

2024. 
2025. 
2026. 
2027. 
2028. 
2029. 

2030. 
2031. 
2032. 


Memorandum   may   be   taken   into 

booth. 

Disabled  voter   assisted  by  judges. 
Voting   for   road   overseer. 
Voter    required    to    deliver    ballot    to 

judge  before  leaving  room. 
Judges    to   sign   all   ballots. 
Ballot  boxes. 

Inspection  and  care  of  ballot  boxes. 
Absence  of  judges  from   voting  room. 
Challenging  voter. 
Same — oath. 

Same — examination   by  judges. 
Same — examination   as   to  residence. 
Same — non-resident. 
Same — non-age. 
Same — general   queries. 
Same — residence  defined. 
Same — final  oath  on  challenge. 
Oath — necessity  of. 
Police  protection. 
Same — judges     of    (election     may 

point. 
Penalty  for  disturbing  elections. 


ap- 


20  ELECTION  LAAVS  OF  NEBRASKA 

2016  Sec.  78.     Oath  of  officers  of  election.— Previous  to  any  vote  being 
taken  the  judges  and  clerks  of  election  shall  severally  take  an  oath  or  affirma- 
tion according  to  the  form  prescribed  in  the  chapter  on  official  bonds.     (1879 
p.  244;  Ann.  5664;  Comp.  3225.) 

2017  Sec.  79.    Same — by  whom  administered. — In  case  there  shall  be 
no  judge  or  justice  of  the  peace  present  at  the  opening  of  the  polls,  it  shall 
be  lawful  for  the  judges  of  election  to  administer  the  oath  or  affirmation  to 
each  other  and  the  clerks  of  election ;  and  the  person  administering  such  oath 
or  affirmation  shall  cause  an  entry  thereof  to  be  made  and  subscribed  by  him, 
and  prefixed  to  each  poll  book.     (1879  p.  244;  Ann.  5665 ;  Comp.  3226.) 

2018  Sec.   80.    Selecting  judges  to   deliver  ballots  to   voters.— At   all 
elections  the  judges  of  election  shall  designate  two  of  said  judges,  whose 
duty  it  shall  be  to  deliver  ballots  to  the  qualified  electors.     (1897  p.  223; 
Ann.  5824;  Comp.  3380.) 

2019  Sec.  81.     Judges  to  deliver  ballots  to  voter. — When  any  duly  qual- 
ified elector  shall  present  himself  at  the  polling  place  of  his  election  district 
or  precinct,  for  the  purpose  of  voting  at  any  election  then  in  progress,  he 
shall  receive  from  the  judge  of  the  election  board  a  ballot,  on  the  back  of 
which  two  judges  of  the  election  board  shall  first  write  their  names  in  ink. 
(1897  p.  224;  1899  p.  127;  1901  p.  347;  Ann.  5825;  Comp.  3381.) 

Mandatory  and  constitutional;  ballots  not  indorsed  by  two  judges  are  void.  Orr  v. 
Bailey,  59  Neb.  128  (80  N.  W.  495);  Mauck  v.  Brown,  59  Neb.  382  (81  N.  W.  313).  Voter  act- 
ing in  good  faith,  vote  valid  though  one  endorser  was  clerk.  Bingham  v.  Broadwell,  73  Neb. 
605  (103  N.  W.  323). 

2020  Sec.  82.    Elections — marking  ballots. — The  elector  then  forthwith 
proceeds  alone  into  a  compartment,  if  there  be  one  then  unoccupied,  and  pre- 
pares his  ballot  by  marking  it  with  a  blue  pencil  in  the  following  manner : 
If  he  wishes  to  vote  a  straight  party  ticket  he  shall  make  a  cross  in  the  circle 
at  the  left  of  the  name  of  his  party,  at  the  head  of  the  ballot,  and  his -vote 
shall  be  considered  as  a  vote  for  every  candidate  and  endorsed  constitutional 
amendment  of  that  party  on  the  ballot.     If  the  voter  does  not  wish  to  vote  a 
straight  ticket  he  shall  make  a  cross  in  the  square  to  the  left  of  every  candi- 
date for  whom  he  desires  to  vote,  and  in  case  of  question  to  be  submitted  to 
the  vote  of  the  people,  by  making  a  cross  in  the  square  to  the  left  of  the 
answer  he  wishes  to  give.     When  a  voter  shall  have  made  a  cross  in  one  of 
the  circles  for  a  straight  party  ticket  and  shall  have  also  made  crosses  in  any 
of  the  squares  to  the  left  oJB  the  name  of  any  candidates,  or  in  either  square  to 
the  left  of  any  constitutional  amendment,  his  vote  shall  be  so  counted  as  a 
vote  for  said  candidates  and  for  or  against  said  amendments,  as  the  case  IUMV 
be,  but  for  all  other  offices  or  constitutional  amendments,  his  vote  shall  be 
counted  for  the  candidates  and  party  action  concerning  amendments  of  that 
party  in  whose  party  circle  he  has  made  a  cross.     When  two  or  more  candi- 
dates of  the  same  party  are  grouped  on  the  ballot  for  the  same  office  (as  two 
or  more  representatives)  a  cross  in  the  circle  to  the  left  of  the  group  will  be 
a  vote  for  all  the  candidates  in  the  group;  if  the  voter  wishes  to  vote  for  one 
or  more  of  the  candidates  for  that  office  or  another  party  or  parties,  he  must 
make  a  cross  in  the  square  to  the  left  of  each  candidate  of  his  own  party  for 
whom  he  wishes  to  vote  for  that  office,  and  also  make  a  cross  in  the  square  to 
the  left  of  the  name  of  each  candidate  of  his  own  party  for  whom  he  wishes 
to  vote  for  that  office,  and  also  make  a  cross  in  the  square  to  the  left  of  the 
name  of  each  candidate  of  any  other  party  or  parties  for  whom  he  wishes  to 
vote  for  the  same  office.     (Laws  1917,  p.  104.) 


ELECTION  LAWS  OF  NEBRASKA  21 

2021  Sec.  83.     Time  allowed  elector  to  vote. — No  elector  shall  be  allowed 
to  occupy  a  voting  compartment  occupied  by  another,  nor  to  remain  within 
the  railed  enclosure  in  which  the  compartments  are  situated  more  than  ten 
minutes,  nor  to  occupy  a  voting  compartment  for  more  than  five  minutes, 
(1897  p.  224;  1899  p.  127;  1901  p.  347;  Ann.  5825;  Comp.  3381.) 

2022  Sec.  84.     Depositing  ballots  in  box.— The  voter  shall  fold  his  ballot 
so  as  to  conceal  the  names  and  marks  thereon  and  to  expose  the  names  of  the 
judges  of  the  election  board  upon  the  back  thereof,  and  shall  without  delay, 
and  without  exposing  the  names  or  marks  upon  the  front  thereof,  and  with- 
out leaving  the  enclosure  in  which  the  compartments  are  placed,  deliver  the 
ballot  so  folded  to  the  judge  of  election,  who  shall,  without  exposing  the 
names  or  marks  on  the  front  or  face  thereof,  approve  the  signatures  upor 
the  back  thereof,  and  deposit  the  ballot  in  the  ballot  box  in  the  presence  of 
the  elector,  and  the  elector  shall  forthwith  leave  the  railed  enclosure.     (1897 
p.  224;  1899  p.  127;  1901  p.  347;  Ann.  5825;  Comp.  3381.) 

2023  Sec.   85.    Checking  names  of  voters  with  register  in  cities. — In 
cities  where  registration  of  voters  is  required,  as  provided  for  by  articles  XIII 
and  XIV  of  this  chapter,  the  judges  of  election  in  each  precinct  shall,  on  each 
election  day,  have  with  them,  two  of  the  registers  of  voters  for  that  precinct, 
if  in  cities  of  over  twenty-five  thousand  inhabitants  as  provided  for  by  article 
XIII,  and  if  in  cities  governed  by  article  XIV,  a  list  of  the  registered  voters, 
which  they  shall  use  for  their  guidance  in  the  elections,  and  no  votes  shall  be 
received  from  any  person  unless  his  name  be  first  found  by  the  judges  on  the 
said  list  of  registered  voters,  if  in  cities  of  from  seven  thousand  to  twenty- 
five  thousand  inhabitants,  as  provided  in  article  XIV,  or  if  in  cities  of  over 
twenty-five  thousand  inhabitants,  as  provided  in  article  XIII,  unless  his  name 
be  found  on  at  least  two  of  the  registers,  except  where  the  vote  be  sworn  in 
oy  certificate  as  hereinafter  provided.     (1889  p.  454 ;  Ann.  5781 ;  Comp.  4871 
1903  p.  381;  Ann.  8689;  Comp.  4907.) 

2024  Sec.  86.    Swearing  in  unregistered  voter  in  cities. — In  cities  gov 
erned  by  articles  XIII  and  XIV  of  this  chapter,  an  unregistered  elector  may 
vote,  upon  presenting  to  the  election  judges  his  affidavit,  which  shall  be  sub- 
scribed and  sworn  to  before  a  supervisor  of  registration,  if  in  cities  governed 
by  article  XIV,  and  if  it  be  in  a  city  governed  by  article  XIII  of  this  chapter, 
the  affidavit  shall  be  subscribed  and  sworn  to  before  the  city  clerk  or  some  one 
designated  by  the  mayor  to  take  such  acknowledgements.     (1889  p.  454 ;  Ann. 
5781 ;  Comp.  4871 ;  1903  p.  381 ;  Ann.  8689 ;  Comp.  4907.) 

2025  Sec..  87.    Same — affidavit   of  unregistered  voter — contents. — The 
affidavit  provided  for  in  the  next  preceding  section  snail  state  the  elector's 
reasons  for  not  having  appeared  before  the  board  of  registration  on  any  of  the 
days  fixed  for  registration   or  revision  of  registration,   as  provided  for  in 
article  XIII  or  XIV,  as  the  case  may  be,  which  affidavit  shall  set  forth  the 
elector's  place  of  residence  and  the  facts  necessary  to  show  that  he  is  a 
qualified  voter  in  the  precinct.     And  such  affidavit  shall  also  be  accompanied 
by  and  attached  to  affidavits  or  oaths  of  two  freeholders,  who  are,  and  have 
been,  residents  of  the  precinct  in  which  the  elector  offers  to  vote  for  at  least 
one  year  immediately  preceding  the  said  election,  which  affidavit  or  oath  shall 
state  that  said  freeholders  know  the  elector  to  be  a  resident  and  qualified 
voter  of  said  precinct,  and  upon  filing  such  affidavit  with  the  judges  of  elec- 


22  ELECTION  LAWS  OF  NEBRASKA 

tion  and  making  the  proof  herein  required,  such  person  shall  be  entitled  to 
vote.  (1889  p.  454;  Ann.  5781;  Comp.  4871;  1903  p.  381;  Ann.  8689;  Comp. 
4907.) 

2026  Sec.  88.    Same — affidavits  filed  with  election  officers — returned  to 
city  clerk. — The  affidavits  and  oaths  provided  for  in  the  next  preceding  sec- 
tion shall  be  filed  with  the  judges  of  election  when  the  elector  shall  be  entitled 
to  vote ;  and  one  of  the  judges  of  election  shall  write  the  name  of  such  elector 
so  voting  in  the  registration  list  or  registers,  as  the  case  may  be,  and  preserve 
the  affidavits  which  shall  be  returned  to  the  city  clerk,  with  the  list  or  regist- 
ers.    (1889  p.  454;  Ann.  5781;  Comp.  4871;  1903  p.  381;  Annr8689;  Comp. 
4907.) 

2027  Sec.  89.     Same — city  clerk  to  acknowledge  affidavits— fees.— The 
city  clerk,  in  cities  of  over  twenty-five  thousand  inhabitants,  as  provided  in 
article  XIII,  shall  be  in  his  office  from  8  o'clock  A.  M.  until  7  P.  M.  on  all 
election  days,  for  the  purpose  of  taking  the  affidavits  provided  for  by  the  next 
five  preceding  sections.     The  said  clerk,  if  in  cities  of  twenty-five  thousand 
or  more  inhabitants  as  provided  by  article  XIII  of  this  chapter,  or  the  board  of 
registration  if  in  cities  of  less  than  twenty-five  thousand  inhabitants  as  pro- 
vided by  article  XIV,  shall  take  all  such  affidavits  upon  request  and  without 
fee  or  reward  whatever.     If  for  any  reason  the  city  clerk  is  required  to  be 
absent  from  his  office  on  any  election  day,  the  mayor  of  the  city  shall  desig- 
nate some  person,  authorized  to  administer  oaths,  to  take  and  certify  such 
affidavits  at  the  office  of  the  city  clerk.     And  the  person  so  designated  shall 
receive  as  compensation  for  each  day's  service  the  sum  of  five  dollars,  which 
shall  be  allowed  by  the  city  council  on  certificate  of  the  mayor.     (1889  p.  454; 
Ann.  5781;  Comp.  4871;  1903  p.  381;  Ann.  8689;  Comp.  4907.) 

2028  Sec.  90.    Receiving  ballots  from  voter — checking  registers. — One 
of  the  judges  of  election  in  each  election  precinct  shall  receive  each  ballot 
from  the  person  offering  to  vote,  at  the  same  time  announcing  the  name  of 
such  voter  in  a  loud,  clear  and  distinct  voice ;  and,  if  in  cities  of  over  twenty- 
five  thousand  inhabitants,  as  provided  for  in  article  XIII,  two  of  the  judges 
shall  examine  at  least  two  of  the  registers  of  such  city  and  if  the  name  of 
such  voter  be  found  upon  at  least  two  of  such  registers;  or,  if  in  cities  of  less 
than  twenty-five  thousand  inhabitants,  one  of  the  judges  shall  examine  the 
list  of  registered  voters  and  if  the  name  of  such  person  offering  to  vote  is 
found  on  such  list,  and  such  voter's  right  to  vote  be  not  challenged,  his  bal- 
lot shall  be  received  and  deposited  in  the  proper  ballot  box;  and  if  in  cities 
of  over  twenty-five  thousand*  inhabitants,  two  of  the  judges  shall  write  in 
an  appropriate  column  in  two  of  the  registers  of  voters  for  that  precinct ; 
And  if  in  cities  of  less  than  twenty-five  thousand  inhabitants,  one  of  the  judges 
shall  write  upon  the  list  of  registered  voters,  opposite  the  name  of  the  per- 
son voting  and  in  the  column  headed  "voted"  the  word  "yes";  and  no  ballot 
shall  be  received  and  deposited  in  any  of  the  ballot  boxes  at  any  election 
unless  the  name  of  the  person  offering  to  vote  shall  be  found  on  the  register 
as  provided  by  law  or  unless  such  person  shall  file  with  the  judges  the  affi- 
davits and  oath  required  of  unregistered  voters  as  in  this  article  provided; 
and  the  judges  of  election  shall  upon  giving  the  ballot  to  the  voter  call  the 
attention  of  such  voter  to  any  constitutional  amendment  to  be  voted  upon,  and 
the  clerks  shall  enter  the  name  of  the  voter  and  the  number  in  each  poll  book 


ELECTION  LAWS  OF  NEBRASKA  23 

when  his  ballot  is  received.  (1879  p.  246;  1911  p.  214;  Ann.  5671;  Comp. 
3232;  1889  p.  454;  Ann.  5781;  Comp.  4871;  1903  p.  381;  Ann.  8689;  Comp. 
4907;  1897  p.  224;  1899  p.  127;  1901  p.  347;  Ann.  5825;  Comp.  3381.) 

2029  Sec.  91.    Names  of  electors  voting  to  be  checked  with  registers 
and  poll  books. — It  shall  be  the  duty  of  one  of  the  judges  of  election  to  enter 
on  the  register  list,  if  in  cities  of  less  than  twenty-five  thousand  inhabitants, 
and  if  in  cities  of  over  twenty-five  thousand  inhabitants,  on  two  of  the  reg- 
isters, in  a  suitable  and  separate  part  thereof,  the  name  and  residence  of  each 
person  voting,  whose  name  does  not  appear  on  the  registers  or  lists,  as  the 
case  may  be,  and  who  votes  by  affidavit  and  oath  as  above  provided.     It  shall 
be  the  duty  of  said  judges  of  election,   immediately  upon  the  polls  being 
closed  and  before  proceeding  to  canvass  the  vote,  to  write  opposite  the  name 
of  each  person  on  said  list  who  has  failed  to  vote  at  said  election,  and  in  the 
column  designated  at  the  head  thereof,  "voted,"  the  word  "no."     And  the 
number  of  persons  voting  at  said  election,  as  shown  by  said  list,  shall  be  com- 
pared with  the  number  of  ballots  cast  and  with  the  poll  books  of  said  elec- 
tion and  the  same  shall  be  made  to  agree  before  said  ballots  shall  be  unfolded 
and  canvassed.     Within  twenty-four  hours  after  the  closing  of  the  polls  of 

any  election,  the  lists  or  registers  of  voters  shall  be  returned  to  the  office  of 
the  city  clerk  by  one  of  said  judges  of  election  and  the  same  shall  be  pre- 
served in  his  office.  After  receiving  said  lists  or  registers  of  qualified  voters 
from  the  city  clerk,  the  judges  of  election  shall  not  allow  the  same  to  be 
^aken  out  of  their  possession  until  the  same  is  returned  to  the  city  clerk  as 
aerein  provided.  (1879  p.  246;  1911  p.  214;  Ann.  5671;  Comp.  3232;  1889 
p.  454;  Ann.  5781;  Comp.  4871;  1903  p.  381;  Ann.  8689;  Comp.  4907;  1897 
p.  224;  1899  p.  127;  1901  p.  347;  Ann.  5825;  Comp.  3381.) 

2030  Sec.  92.     Voting  for  persons  not  named  in  ballot. — Nothing  in  this 
article  contained  shall  prevent  any  voter  from  writing  on  his  ballot  the  name 
of  any  person  for  whom  he  desires  to  vote  for  any  office,  and  such  vote  shall 
be  counted  as  if  printed  on  the  ballot,  and  marked  by  the  voter.     (1897  p. 
219;  Ann.  5818;  Comp.  3374.) 

2031  Sec.   93.     Spoiled  ballots. — Any  voter  who   shall  by   accident   or 
mistake  spoil  his  ballot,  may,  on  returning  said  spoiled  ballot,  receive  another 
in  place  thereof:     Provided,  he  shall  not  receive  to  exceed  four  in  all.     (1897 
p.  225;  Ann.  5826;  Comp.  3382.) 

2032  Sec.  94.    Spoiled  and  unused  ballots — return  of. — The  judges  of 
election  shall  cause  the  unused  and  spoiled  ballots  to  be  made  up  in  a  sealed 
packet,   and  shall  endorse  the  same  with   the   wards   "unused  and  spoiled 
ballots,"  with  the  proper  designation  of  the  election  district,  and  shall  sign 
such  endorsement,  and  shall  return  such  packet  to  the  clerk  of  their  respective 
Bounty  or  municipality,  with  a  statement  made  up  by  the  members  of  the 
election  board  of  the  district,  showing  the  number  of  ballots  received  for 
luch  district,  and  accounting  for  them  as  follows:  First,  the  number  counted 
in  ballot  box;  second,  number  unused   and  retained.     (1897  j).   225;   Ann. 
5826 ;  Comp.  3382.) 

2033  Sec.  95.    Memorandum  may  be  taken  into  booth. — Any  voter  may 
take  with  him  into  the  polling  place  any  printed  or  written  memorandum  or 
paper  to  assist  him  in  making  or  preparing  his  ballot,  except  as  hereinafter 
otherwise  provided.     (1897  p.  219;  Ann.  5818;  Comp.  3374.) 


24  ELECTION  LAWS  OF  NEBRASKA 

2034  Sec.  96.    Disabled  voter  assisted  by  judges. — Any  voter  who  de- 
clares to  the  judge  of  election  that  he  cannot  read,  or  that  by  blindness,  or 
other  physical  disability  he  is  unable  to  mark  his  ballot,  shall,  upon  request, 
receive  the  assistance  of  one  judge  and  one  clerk,  each  of  different  political 
parties  of  the  election  officers,  one  of  whom,  shall  be  of  the  voter's  own  politi- 
cal party  in  the  marking  thereof,  and  said  officers  shall  certify  on  the  outside 
thereof  that  it  was  so  marked  with  their  assistance,  and  shall  thereafter  give 
no  information  regarding  the  same ;  the  judges  shall  require  such  declara- 
tion of  disability  by  the  voter,  under  oath  before  them,  and  they  are  hereby 
qualified  to  administer  the  same.     No  elector  other  than  the  one  who  may, 
because  of  his  inability  to  read,  or  physical  disability,  be  unable  to  mark  his 
ballot,  shall  divulge  to  any  one  within  the  polling  place  the  name  of  any  can- 
didate for  whom  he  intends  to  vote,  or  to  ask  or  receive  the  assistance  within 
the  polling  place  in  the  preparation  of  his  ballot.     (1897  p.  225;  Ann.  5827; 
Comp.  3383.) 

2035  Sec.  .97.     Voting  for  road  overseer. — In  precincts  where  there  is 
more  than  one  road  district,  each  elector  shall  only  vote  for  the  candidate 
for  overseer  of  the  district  in  which  said  elector  resides,  and  such  vote  shall 
be  cast  in  the  following  manner:     Before  handing  a  ballot  to  the  elector 
who  is  about  to  cast  his  vote,  the  judge  shall  ask  of  such  elector  the  number 
of  the  road  district  in  which  such  elector  resides.     The  judge  shall  then  draw 
a  line  with  a  blue  pencil  through  the  names  of  all  candidates  for  such  office, 
except  the  candidates  of  the  district  in  which  such  elector  resides.     (1897  p. 
219;  1899  p.  125;  1901  p.  343;  1903  p.  301;  Ann.  5819;  Comp.  3375.) 

2036  Sec.  98.    Voter  required  to  deliver  ballot  to  judge  before  leaving 
room. — Every  elector  receiving  a  ballot  shall  vote  before  leaving  the  polling 
room,  or  if  he  does  not  wish  to  then  vote,  he  shall,  before  leaving  the  polling 
room,  return  the  ballot  so  received  to  a  member  of  the  election  board.     No 
person  receiving  a  ballot  shall,  under  any  pretext  whatever,  take  the  same 
from  the  polling  room,  and  any  person  taking  a  ballot  from  the  polling  room 
shall  forfeit-  and  lose  his  right  to  vote  at  the  election,  and  shall  be  deemed 
guilty  of  a  misdemeanor  and  fined  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars.     (1897  p.  224;  1899  p.  127;  1901  p.  348;  Ann.  5825; 
Comp.  3381.) 

2037  Sec.  99.    Judges  to  sign  all  ballots.— No  judge  of  election  shall 
deposit  in  any  ballot  box  any  ballot,  unless  the  same  is  identified  by  the  sig- 
nature of  two  of  the  judges  of  election  as  hereinbefore  provided.     Every  per- 
son violating  the  provisions  of  this  section  shall,  upon  conviction  thereof,  be 
fined  not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars.     (1897  p. 
226;  Ann.  5828;  Comp.  3384.) 

Mandatory  and   constitutional;   ballots   not   indorsed   by   two   judges   are   void.     Orr    v* 
Bailey,  59  Neb.  128  (80  N.  W.  495);  Mauck  v.  Brown,  59  Neb.  382   (81  N.  W.  313).     Voter  act- 
ing in  good  faith;  vote  valid  though  one  endorser  was  clerk.     Bingham  v.  Broadwell,  73  Neb 
605    (103  N.  W.  323). 

2038  Sec.  100.    Ballot  boxes.— The  county  board  shall  provide  a  suffi- 
cient number  of  ballot  boxes,  with  secure  locks  and  keys,  at  the  expense  of 
the  county,  for  the  several  precincts  or  districts;  and  each  ballot-box  at  the 
close  of  each  election  shall  be  deposited  with  one  of  the  judges  of  election,  who 
shall  take  charge  of  the  same,  and  be  responsible  for  its  safe  keeping ;  and  he 
shall  convey  said  ballot  box,  or  cause  it  to  be  conveyed,  to  the  place  of  hold- 


ELECTION  LAWS  OF  NEBRASKA  25 

ing  elections  in  his  precinct,  township,  or  ward,  at  the  next  general  or  special 
election,  and  deliver,  or  cause  the  same  to  be  delivered,  to  one  of  the  judges  of 
said  election.  (1879  p.  246;  Ann.  5672;  Comp.  3233.) 

2039  Sec.  101.    Inspection  and  care  of  ballot  boxes. — Before  any  ballot 
shall  be  deposited  in  the  ballot  box,  the  ballot  box  shall  be  publicly  opened 
and  exhibited,, and  the  judges  and  clerks  shall  see  that  no  ballot  is  in  such 
box;  after  which  the  box  shall  be  locked  and  the  key  delivered  to  one  of  the 
judges,  and  shall  not  be  again  opened  until  the  close  of  the  polls;  and  the 
ballot  box  shall  not  be  removed  from  the  view  of  the  electors  present  until 
the  polls  are  closed  and  all  the  votes  shall  have  been  counted  and  canvassed, 
except  in  precincts  requried  by  law  to  have  th(e  counting  election  board. 
Except  that  in  counties  having  an  election  commissioner,  at  state  primary 
and  general  state  elections,  the  ballot-box  may  be  opened  by  the   election 
board  between  the  hours  of  2  and  5  o'clock  P.  M.  for  the  purpose  of  counting 
ballots.     In  such  case  a  second  ballot  box  shall  be  provided  and  used  for  the 
ballots  cast  from  5  to  8  o'clock  P.  M.     (Laws  1917,  p.  100.) 

2040  Sec.  102.    Absence  of  judges  from  voting  room.— No  two  of  the 
judges  shall  be  absent  from  the  room  in  which  the  election  is  held,  at  the 
same  time,  during  such  voting  and  canvass  thereof.     (1879  p.  245;  Ann.  5668; 
Comp.  3229.) 

2041  Sec.  103.     Challenging  voter. — Any  person  offering  to  vote,  whether 
his  name  be  on  the  register  or  not,  may  be  challenged  as  unqualified  by  any 
judge  or  elector ;  and  it  is  the  duty  of  each  of  the  judges  to  challenge  any  per- 
son offering  to  vote  whom  he  knows  or  suspects  not  to  be  duly  qualified. 
(1879  p.  247;  Ann.  5676;  Comp.  3237.) 

2042  Sec.  104.     Same — oath. — If  any  person   offering  to  vote  is  chal- 
lenged by  one  of  the  judges  of  the  election,  or  by  an  elector,  one  of  the  judges 
shall  tender  to  him  the  following  oath  or  affirmation : 

You  do  solemnly  swear  (or  affirm)  that  you  will  fully  and  truly  answer  all  such  ques- 
tions as  shall  be  put  to  you,  touching  your  place  of  residence,  and  qualifications  as  an  elector 
at  this  election. 

(1879  p.  247;  Ann.  5677;  Comp.  3238.) 

2043  Sec.  105.     Same— examination  by  judges.— If  the  voter  be  chal- 
lenged on  the  ground  that  he  has  not  made  his  declaration  of  intention  to  be- 
come a  citizen  of  the  United  States,  in  case  the  person  so  challenged  does 
not  produce  his  intention  papers,  the  judges,  or  one  of  them,  shall  put  the 
following  question : 

"Have  you  made  your  declaration  of  intention  to  become  a  citizen  of  the  United  States?" 

(1879  p.  248;  Ann.  5678;  Comp.  3239.) 

2044  Sec.  106.     Same — examination  as  to  residence. — If  a  voter  be  chal- 
lenged on  the  ground  that  he  has  not  resided  in  this  state  for  six  months  im- 
mediately preceding  the  election,  the  judges,  or  any  one  of  them,  shall  put 
the  following  questions : 

First — "Have  you  resided  in  this  state  for  six  months  immediately  preceding-  this  elec- 
tion?" 

Second— "Have  you  been  absent  from  this  state  within  six  months  immediately  preced- 
ing- this  election?"     If  he  answers  "Yes,"  then, 

Third — "When  you  left,  did  you  leave  for  a  temporary  purpose,  with  the  desig-n  of  re- 
turning-, or  for  the  purpose  of  remaining  away?" 

Fourth — "Did  you,  while  absent,  look  upon  and  reg-ard  this  state  as  your  home?" 
Did  you,  while  absent,  vote  in  any  other  state  or  territory?" 

(1879  p.  248;  Ann.  5678;  Comp.  3239). 


26  ELECTION  LAWS  OF  NEBRASKA 

2045  Sec.  107.     Same — non-resident. — If  the  voter  be  challenged  on  the 
ground  that  he  is  not  a  resident  of  the  county,  precinct,  township,  or  ward 
where  he  offers  to  vote,  the  judges,  or  one  of  them,  shall  put  the  following 
questions : 

First — "Have  you  resided  in  this  county  for  forty  days  last  past?" 
Second — "Have  you  resided  in  this  precinct   (or  ward)    for  the  last  ten   days?" 
Third — "When  did  you  last  come  into  this  county?" 

Fourth — "When  you  came  into  this  county  was  it  for  temporary  purposes  merely,  or 
for  the  purpose  of  making  it  your  home?" 

Fifth — "Did  you  come  into  this  county  for  the  purpose  of  voting  therein?" 
Sixth — "Are  you  now  an  actual  resident  of  this  precinct  or  ward?" 

1879  p.  248;  Ann.  5678;  Comp.  3239.) 

2046  Sec.  108.     Same — Nan-age. — If  a  voter  be  challenged  on  the  ground 
that  he  is  not  twenty-one  years  of  age,  the  following  question  shall  be  put : 

Are  you   twenty-one  years  of  age,  to  the  best  of  your  knowledge  and  belief? 

(1879  p.  248;  Ann.  5678;  Comp.  3239.) 

2047  Sec.  109.     Same — general  queries. — The  judges  of  the  election,  or 
one  of  them,  shall  put  all  such  other  questions  to  the  person  challenged;  under 
the  respective  provisions  of  section  two  of  this  chapter,  as  may  be  necessary 
to  test  his  qualifications  as  an  elector  at  that  election.     (1879  p.  248;  Ann. 
5678;  Comp.  3239.) 

2048  Sec.  110.     Same — residence  defined. — The  judges  of  election,  and 
in  cities  of  the  first  and  second  class  the  registrars  of  voters,  in  determining 
the  desidence  of  a  person  offering  to  vote,  shall  be  governed  by  the  following 
rules,  so  far  as  the  same  may  be  applicable : 

First — That  place  shall  be  considered  and  held  to  be  the  residence  of  a  per- 
son in  which  his  habitation  is  fixed,  without  any  present  intention  of  remov- 
ing therefrom,  and  to  which,  whenever  he  is  absent,  he  has  the  intention  of 
returning. 

Second — A  person  shall  not  be  considered  or  held  to  have  lost  his  resi- 
dence who  shall  leave  his  home  and  go  into  another  territory  or  state,  or 
county  of  this  state,  for  temporary  purposes  merely,  with  the  intention  of  re- 
turning. Provided,  six  month's  consecutive  residence  in  this  state  shall  be 
necessary  to  establish  a  residence  within  the  meaning  of  this  chapter. 

Third — A  person  shall  not  be  considered  and  held  to  have  acquired  a 
residence  in  any  county  of  this  state  into  which  he  shall  have  come  for  tem- 
porary purposes  merely  without  the  intention  of  making  it  his  residence. 

Fourth — If  a  person  remove  to  another  territory  or  state,  intending  to 
make  it  his  permanent  residence,  he  shall  be  considered  and  held  .to  have  lost 
his  residence  in  this  state. 

Fifth — If  a  person  remove  to  another  state  or  territory,  intending  to  re- 
main there  for  an  indefinite  time,  and  as  a  place  of  present  residence,  he  shall 
be  considered  and  held  to  have  lost  his  residence  in  this  state,  notwithstanding 
he  may  intend  to  return  at  some  future  period. 

Sixth— The  place  where  a  married  man's  family  resides  shall  generally  be 
considered  and  held  to  be  his  residence ;  but  if  it  is  a  place  of  temporary 
establishment  only,  or  for  transient  purposes,  it  shall  be  otherwise. 

Seventh — If  a  married  man  have  his  family  fixed  in  one  place,  and  he 
does  business  in  another,  the  former  shall  be  considered  and  held  to  be  the 
place  of  his  residence. 


ELECTION  LAWS  OF  NEBRASKA  27 

Eighth — The  mere  intention  to  acquire  a  new  residence,  without  the  fact  of 
removal,  shall  avail  nothing,  nor  shall  the  fact  of  removal,  without  intention. 

Ninth — If  a  person  shall  go  into  another  territory  or  state,  and  while  there 
shall  exercise  the  right  of  citizenship  by  voting,  he  shall  be  considered  and  held 
to  have  lost  his  residence  in  this  state. 
(1879  p.  250;  Ann.  5681;  Comp.  3242.) 

Voting-  place  of  students  discussed.     Berry  v.  Wilcox,  44  Neb.  82   (62  N.  W.   249). 
Residence  for  temporary  purpose       White  v.  Slama,  89  Neb.  65  (130  N.  W.  978). 

2049  Sec.  111.     Same — final  oath  on  challenge. — If  a  person's  right  to 
vote  be  challenged,  and  such  challenge  be  not  withdrawn  after  he  shall  have 
answered  the  foregoing  questions,  or  such  of  them  as  may  be  necessary,  one 
of  the  judges  shall  tender  to  him  the  following  oath: 

"You  do  solemnly  swear  (or  affirm)  that  you  are  a  citizen  of  the  United  States  (or 
have  declared  your  intention  to  become  such);  that  you  have  been  an  inhabitant  of  the  State 

of  Nebraska  for  the  last  six  months,  and  of  the  county  of  for  the  last  forty  days, 

and  of  this  precinct  for  the  last  ten  days;  that  you  have  attained  the  age  of  twenty-one  years, 
to  the  best  of  your  knowledge  or  belief." 

And  it  shall  be  the  duty  of  the  clerks  of  election  to  write  on  the  poll  books 
at  the  end  of  such  person's  name,  "sworn."  (1879  p.  249;  Ann.  5680;  Comp. 
3241.) 

2050  Sec.  112.     Oath — necessity  of. — If  any  person  challenged  shall  re- 
fuse to  take  the  oath  or  affirmation  provided  for  in  this  article,  his  vote  shall 
be  rejected.     (1879  p.  249;  Ann.  5679;  Comp.  3240.) 

2051  Sec.  113.     Police  protection. — The  proper  authorities  of  every  city 
shall  detail  a  police  officer  to  each  polling  place  of  such  city;  the  proper 
authorities  of  every  village  shall  detail  the  village  marshall  or  constable  of 
said  precinct,  to  the  voting  places  of  said  village  or  precinct,  upon  the  day 
fixed  for  holding  any  election  therein,  and  the  special  duties  of  such  police 
officer,  village  marshall,  or  constable,  in  addition  to  the  preservation  of  peace, 
shall  be  as  follows: 

First — He  shall,  as  far  as  possible,  remain  at  or  near  the  entrance  of  the 
nclosure  in  which  the  compartments  are  placed;  he  shall  not  permit  any 
person  to  enter  said  enclosure  unless  duly  provided  with  an  official  ballot 
signed  with  the  names  of  two  judges  of  the  election  board. 

Second — He  shall  not  permit  any  person  to  enter  the  enclosure  while  the 
several  compartments  therein  are  occupied. 

Third — He  shall  not  permit  any  person  to  leave  the  enclosure  without  first 
voting  or  surrendering  his  ballot  to  a  judge  of  the  election  board. 

Fourth — He  shall  not  permit  any  person  to  leave  the  polling  room  after 
receiving  a  ballot,  without  first  voting  or  surrendering  his  ballot.  (1897  p. 
228;  Ann.  5836;  Comp.  3392). 

2052  Sec.  114.    Same— judges  of  election  may  appoint. — Any  constable 
of  the  precinct,  township,  or  ward,  who  may  be  designated  by  the  judges  of 
election,  is  directed  to  attend  at  the  place  of  election,  and  he  is  authorized 
and  required  to  preserve  order  and  peace  at  and  about  the  same;  and  if  no 

i  constable  be  in  attendance,  the  judges  of  election  may  appoint  one  or  more 
i  specially,  by  writing,  who  shall  have  all  the  powers  of  a  regular  constable. 
(1879  p.  246;  Ann.  5673;  Comp.  3234.) 

2053  Sec.  115.     Penalty  for  disturbing  elections. — If  any  person  con- 
|  ducts  himself  in  a  noisy,  riotous,  or  tumultuous  manner  at  or  about  the  polls, 
j  so  as  to  disturb  the  election,  or  insults  or  abuses  the  judges  or  clerks  of  elec- 


28  ELECTION  LAWS  OF  NEBRASKA 

tion,  and  persists  in  such  conduct  after  being  warned  to  desist,  the  constable 
shall  forthwith  arrest  him  without  warrant,  and  bring  him  before  the  nearest 
justice  of  the  peace,  to  be  dealt  with  according  to  law;  but  such  person  shall  be 
permitted  to  vote.  (1879  p.  247;  Ann.  5674;  Comp.  3235.) 


ARTICLE  VIII. 

VOTING    BY    MAIL. 

SECTION  SECTION 

2054.  Voting-  by  mail  by  absent  elector.  2058.     Ballots    preserved 

2055.  Same — certificate -of   residence — ballot.  2059.     False    affidavit    by    voter — neglect    by 

2056.  Ballots — mailed   to  clerk  of  county  of         .  election   officer — penalty. 

voter's   residence.  2060.     Affidavit  blanks   furnished   by   election 

2057.  Canvass   and   return   of  votes.  officers. 

2054  Sec.  116.     Voting  by  mail  by  absent  elector. — It  shall  be  lawful  for 
any  qualified  elector  of  the  State  of  Nebraska,  who  may  on  the  occurrence  of 
any  general  election  or  primary,  for  and  against  United  States  senator  and  for 
and  against  constitutional  amendments,  be  unavoidably  absent  from  his  county 
because  his  duties  or  occupation  require  him  to  be  elsewhere  within  the  state 
to  vote  for  county,  district  or  state  officers,  members  of  the  legislature,  mem- 
bers of  congress,  and  electors  of  president  and  vice-president  of  the  United 
State,  in  any  voting  precinct  in  the  state  where  he  may  present  himself  for 
that  purpose  on  the  day  of  such  election  under  the  regulations  hereinafter 
prescribed:     (1913  p.  613.) 

2055  Sec.  117.     Same — certificate  of  residence — ballot. — The  voter  so  en- 
titled to  vote  shall  present  himself  at  the  polls  in  any  precinct  in  the  state 
where  he  may  be  on  such  election  day,  and  during  voting  hours,  and  make  and 
subscribe  before  one  of  the  judges  of  election  an  affidavit  in  substance  as  fol- 
lows: 

State  of  Nebraska,  County,  ss. 

I.  >,  do  solemnly  swear  that  I  have  resided  in   the  State  of  Nebraska  more   than 

six  months,  and  in  the  county  of  in  said  state  more  than  forty  days,  and  in  the  pre- 
cinct of  (or  in  the  ward  of  the  City  of  within  said  county  more  than 

ten  days  next  preceding-  this  date,)  and  am  in  all  respects  a  duly  qualified  elector  of  said 
.  That  I  am  a  qualified  elector,  and  that  because  of  my  duties  (or  occupation  or  busi- 
ness) I  am  required  to  be  absent  from  my  county  on  this  day,  and  I  have  had  and  will  have 
no  opportunity  to  vote  there,  and  that  I  have  not  voted  elsewhere  at  this  election. 

Any  judge  of  election  in  any  voting  precinct  in  the  state  is  hereby  author- 
ized to  administer  the  oath  and  take  and  certify  such  affidavit.  Thereupon  the 
affiant  shall  be  given  a  special  official  ballot  upon  which  shall  be  printed  the 
names  of  all  national  and  state  candidates  and  constitutional  amendments, 
but  blank  as  to  district  and  county  candidates  and  he  shall  write  in  the  names 
of  such  candidates  not  printed  thereon  and  shall  mark  the  same  as  any  resident 
voter  may,  and  shall  fold  the  same  and  hand  it  to  the  judges  as  in  the  case  of  a 
resident  voter,  but  such  ballot  shall  not  be  deposited  in  the  ballot  box,  nor  be 
entered  upon  the  poll  books.  It  shall,  together  with  said  affidavit  be  securely 
sealed  in  an  envelope,  upon  the  ba'ck  of  which  one  of  the  judges  shall  write : 

The  ballot  of .".,  an  absent  voter  of precinct   (or  ward,  or  precinct 

of  the ward  of  the  city  of ),  in  the  county  of ..,"  which  shall 

be  signed  by  one  of  the  judges  :  provided,  any  elector  referred  to  herein  whose 
residence  is  in  a  city  where  registration  of  voters  is  required,  shall  hand  to 
the  judges  with  his  ballot,  a  certificate  of  his  registration  from  the  proper  reg- 
istration authority  in  the  city  of  his  residence,  and  the  same  shall  be  enclosed 


ELECTION  LAWS  OP  NEBRASKA  29 

by  the  judges  together  with  his  ballot  and  affidavit  in  the  envelope  herein 
specified.     (1913  p.  613.) 

2056  Sec.  118.    Ballots — mailed  to  clerk  of  county  of  voter's  residence. — 
All  such  envelopes  shall,  by  the  judges  of  election,  be  filed  with  the  county 
clerks  of  the  counties  where  such  votes  were  cast,  not  later  than  the  succeed- 
ing day,  and  said  county  clerk  shall  immediately  mail  them  by  special  delivery, 
postage  prepaid,  to  the  county  clerks  of  the  respective  counties  where. such 
voters  belong.     (1913  p.  614.) 

2057  Sec.  119.     Canvass  and  return  of  votes. — The  county  clerk  of  the 
connty  in  which  said  absent  voter  resides  shall  receive  said  ballot  and  shall 
safely  keep  and  preserve  the  same  unopened  in  his  office  until  the  board  of 
county  canvassers  canvass  the  vote  according  to  law,  at  which  time  the  said 
board  of  canvassers,  in  the  presence  of  the  said  county  clerk,  and  no  other 
person,  shall  open  said  envelope  and  record  the  said  ballot  upon  the  poll  book 
of  the  proper  precinct  or  ward  in  their  possession  in  the  same  manner  as  clerks 
of  election  record  votes;  and  in  so  canvassing  said  vote,  the  board  of  county 
canvassers  shall  count  the  votes  of  all  absent  voters  taken  as  herein  provided 
and  add  the  same  to  the  total  of  the  poll  sheet,  in  arriving  at  the  total  result  of 
the  election  in  the  precinct  or  ward  where  said  voter  lives.     (1913  p.  614.) 

2058  Sec.  120.    Ballots  preserved. — Said  ballot  when  so  opened  by  the 
county  board  of  canvassers  shall  be  sealed  in  an  envelope  with  the  endorse- 
ment thereon:     "Vote  of  absent  voter  of ward city  (or  precinct) ;" 

and  the  same  shall  be  kept  in  the  county  clerk's  office  as  other  ballote  are  kept 
until  destroyed  according  to  law,  and  in  case  of  a  contested  election  the  same 
may  be  counted  as  in  other  cases.     The  board  of  county  canvassers  and  the 
county  clerk  of  each  county  wherein  any  vote  .of  any  absent  voter  is  received 
as  herein  provided,  shall  keep  the  fact  of  such  vote,  and  the  person  for  whom 
same  is  recorded,  and  the  contents  thereof,  secret,  and  shall  not  reveal  or  di- 
vulge the  same.     (1913  p.  615.) 

2059  Sec.  121.    False  affidavit  by  voter— neglect  by  election  officer- 
penalty. — If  any  person  shall  wilfully  swear  falsely  to  the  affidavit  herein  pro- 
vided for,  he  shall  upon  conviction  thereof  be  deemed  guilty  of  prejury,  and 
be  punished  as  in  such  cases  provided  by  law.     If  the  officers  of  the  election 
permit  any  person  to  vote  as  herein  provided  without  his  taking  said  affidavit, 
or  shall  neglect  or  refuse  to  perform  any  of  the  duties  prescribed  by  this  ar- 
ticle, they  shall  upon  conviction  thereof  be  deemed  guilty  of  a  misdemeanor,  and 
shall   be   fined   not   exceeding    one    hundred   dollars.     If    any    county    clerk 
or  any  member  of  the  board  of  county  canvassers  shall  neglect  or  refuse  to 
perform  any  of  the  dutes  prescribed  by  this  article,  or  shall  reveal  or  divulge 
any  of  the  details  of  any  ballot  herein  provided,  he  shall  upon  conviction 
thereof  be  adjudged  guilty  of  a  misdemeanor,  and  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars.     (1913  p.  615.) 

2060  Sec.  122.    Affidavit  blanks  furnished  by  election  officers.— Every 
county  clerk,  along  with  the  official  ballots  for  each  and  every  precinct,  shall 
supply  the  judges  of  election  with  a  sufficient  number  of  printed  blank  affi- 
davits of  the  character  prescribed  by  this  articles.     (1913  p.  615.) 


30 


ELECTION  LAWS  OF  NEBRASKA 


ARTICLE   IX 

CANVASS  AND  RETURN  OF  VOTE  AND  CERTIFICATES  OF  ELECTION. 


SECTION 

2061.  Poll  books — form. 

2062.  Poll  books  and  city  registers  checked. 
2063       Canvass   by   election   board. 

2064.  Same — how  made. 

2065.  'Same — comparing     ballots     with     poll 

books — excessive   ballots. 

2066.  Same — counting  votes. 

2067.  Same — tally   lists. 

2068.  Same — double   ballots. 

2069.  Same — ballots    not    designating    office 

rejected. 

2070.  Same — rejecting    ballot    for    excess    of 

names 

2071.  Same — unsigned       and       unintelligible 

ballots. 

2072.  Surname  of  candidate. 

2073.  Fraudulent  ballots  not  counted. 

2074.  List  of  names  of —  and  vote  for — can- 

didates. 
J075.     Returns  by  election  boards. 

2076.  Poll  books — care  of. 

2077.  Canvass    by    county    board — by    whom 

and  how  made 


SECTION 

2078.  Same — when    county    clerk    candidate 

at  election. 

2079.  Same — disposition   of  ballots   and   poll 

books. 

2080.  Canvass   in   legislative  districts. 

2081.  Returns  by  county  board  of  vote  cast 

for  state  officers. 

2082.  Returns   from   county   board   to   secre- 

tary of  state. 

2083.  Returns  for  state  board 

2084.  Canvass  by   state  board. 

2085.  Same — delayed   abstracts. 

2086.  Same — preservation    of    abstracts. 

2087.  Same — place  and  time  for  meeting  of 

state  board. 

2088.  Same — abstracts     of     votes — declaring 

result — tie  vote. 

2089.  Same — record  of  abstract. 
2090       Canvass   by   state  legislature. 

2091.  Certificate    of    election    of    county    offi- 

cers. 

2092.  Certificate  of  election  of  state  officers. 

2093.  Tie  vote  how  determined. 


2061  Sec.  123.  Poll  books — form. — The  county  clerk,  previous  to  the 
opening  of  the  polls,  shall  prepare  duplicate  poll  books,  in  the  manner  and 
form  following: 


Poll  books  of  an  election,  held  in 
county,  on  the day  of 


precinct 


township,  or 


ward,  in 


,  A.  D.,  at  which  time,  A.  B.,  C.  D.  and  E.  F    were 
judges  and  G.  H.  and  I.  K.  were  clerks  of  said  election — the  following  named  persons  voted 

NUMBER  AND  NAMES  OF  ELECTORS. 


No.  1.  A.  B. 
No.  2.  C.  D. 


No.  3.  E.  F. 
No.  4.  G.  H. 


We  do  hereby  certify  that  the  above  is  a  true  list  of  the  persons  voting  at  the  above 
named   election.  G.    H.,    I.    K  ,    Clerks. 

Attest:     A.    B.,    C.    D.,    E.    F.,    Judges    of   election. 

TALLY  LIST  OF  PERSONS  VOTED  FOR,  AND  FOR  WHAT   OFFICE,   CONTAINING  THE 
NUMBER  OF  VOTES   FOR   EACH   CANDIDATE. 


GOVERNOR? 


MEMBER  OF  Cl)NG~RESS. 


COUNTY  CLERK. 


votes 


We  hereby  certify  that  A.  B    had  = votes  for  governor,  and  C.  D.  had  — 

for  governor;  that  E.  F.  had  votes  for  members  of  congress,  etc. 

Attest:  G.  H., 

A.   B.,  I.    K., 

C.   D.,  Clerks. 
E.  F., 

Judges  of  election. 

(1879  p.  245;  Ann.  5669;  Comp.  3230.) 

Duty  of  judges  to  return  true  certified  list  of  persons  voting  and  total  vote  for  each 
candidate;  certification  of  politics  of  candidates  of  no  effect.  State  v.  Stein,  35  Neb.  848 
(53  N.  W.  999). 

2062  Sec.  124.  Poll  books  and  city  registers  checked. — In  each  election 
precinct  in  cities  of  over  twenty-five  thousand  inhabitants  it  shall  be  the 
duty  of  the  judges  of  election  in  each  election  precinct  immediately  after 
the  close  of  the  polls  on  the  day  of  any  election,  before  proceeding  with  the 
canvass  of  the  ballots  in  any  box,  and  while  the  clerks  of  election  are  can- 
vassing their  books,  to  write  in  ink  opposite  to  and  against  the  name  of  each 
person  entered  in  said  registers,  who  is  not  shown  by  said  registers  to  have 
roted,  and  in  the  column  headed  ''vote,"  the  word  "no,"  so  that  the  said 
eolumn  may  be  wholly  filled  up,  and  the  said  judges  shall  then  compare  said 
registers,  and  make  them  agree  and  ascertain  the  number  of  persons  who  by 


ELECTION  LAWS  OF  NEBRASKA  31  - 

them  are  shown  to  have  voted  at  that  polling  place  that  day;  and  when  they 
have  made  comparisons  and  ascertained  such  fact,  the  chairman  of  the  board 
of  judges,  or  in  his  absence,  one  of  the  other  judges,  shall  announce  the  same 
in  a  loud  voice.  (1889  p.  460;  Ann.  5790;  Comp.  4880.) 

2063  Sec.  125.     Canvas  of  vote — county  board. — When  the  poll  is  closed 
the  judges  shall  immediately  proceed  to  canvass  and  ascertain  the  result  of 
the  election,  except  in  such  precincts  as  are  required  by  law  to  have  a  count- 
ing election  board.     In  such  precincts  the  canvass  of  votes  shall  be  carried  on 
as  follows : 

Four  hours  after  the  opening  of  the  polls  the  election  board  shall  deliver 
to  the  counting  election  board  the  ballot  box  and  they  shall  proceed  with  the 
canvass.  Having  canvassed  the  votes  in  a  ballot  box,  they  shall  return  the 
empty  ballot  box  to  the  judges  and  exchange  for  the  box  containing  ballots 
cast  since  taking  possession  of  the  first  ballot  box,  provided  as  many  as  twenty- 
five  ballots  have  been  cast  therein.  They  shall  continue  to  exchange  ballot 
boxes  in  the  same  manner  during  the  day  until  the  polls  are  closed  and  all 
ballots  have  been  counted.  (Laws  1917,  p.  100.) 

2064  Sec.  126.     Canvass — how  made. — The  canvass  shall  be  public,  ex- 
cept in  such  precincts  as  are  required  to  have  a  counting  election  board  and 
counties  having  an  election  commissioner  and  shall  commence  by  a  compari- 
son of  the  poll  lists  from  the  beginning,  and  a  correction  of  any  errors  that 
may  be  found  therein  until  they  agree.     The  ballot  box  shall  then  be  opened 
and  the  ballots,  without  being  unfolded,  shall  be  counted  by  the  judges.     If 
the  whole  number  of  votes  cast  shall  exceed  the  number  of  persons  voting,  as 
shown  by  the  poll  books,  the  said  ballots  shall  then  be  replaced  in  the  ballot 
box,  the  box  locked,  and  the  ballots  therein  thoroughly  shaken.     The  box 
shall  then  be  opened,  and  one  of  the  judges  shall  draw  from  the  box  as  many 
ballots  as  there  shall  have  been  cast  exceeding  the  number  as  shown  by  the 
poll  books,  and  the  number  so  withdrawn  shall  without  unfolding,  be  placed 
in  a  separate  envelope,  sealed,  marked  "excessive  ballots,"   and  sent  with 
other  returns  of  elections  to  the  county  clerk  in  the  manner  hereinafter  pro- 
vided, except  in  precincts  required  to  have  a  double  election  board  where 
the  procedure  shall  be  as  follows : 

When  every  such  exchange  of  ballot  boxes  is  made,  as  described  in  Section 
2063  as  amended  by  this  Act,  and  the  receiving  board  shall  furnish  to  the 
counting  board  a  statement,  signed  by  the  receiving  judges,  showing  the  num- 
ber of  ballots  that  are  to  be  found  in  each  ballot  box  and  indicated  by  the 
poll  list.  The  counting  board  shall  then  proceed  in  the  manner  now  pre- 
scribed by  law  to  determine  the  number  of  ballots  in  the  ballot  boxes  as 
received  by  them,  compare  the  same  with  the  number  shown  on  the  list  fur- 
nished by  the  receiving  board  and  dispose  of  any  excess  ballots  in  the  manner 
now  provided  by  law.  The  counting  board  shall  then  proceed  to  count  and 
record  the  votes  as  provided  by  law. 

Except  that  in  Counties  having  Election  Commissioner,  at  State  Primary 
and  General  State  elections,  that  part  of  the  canvass  which  takes  place  be- 
tween the  hours  of  2  and  5  o'clock  P.  M.  shall  not  be  public  but  shall  be  open 
to  a  duly  accredited  representative  from  each  political  party  in  each  voting 
precinct.  Such  representatives  of  political  parties  and  all  election  officials 
shall  subscribe  to  an  oath  that  they  will  not  divulge  to  anyone  the  result  of 
such  canvass.  In  violation  of  said  oath  they  shall  be  subject  to  a  fine  of  not 
more  than  $500.00.  (Laws  1917,  p.  100.) 

2065  Sec.  127.     Announcing  result — returns. — The  poll  books  shall  then 
be  signed  by  the  judge  and  attested  by  the  clerks,  and  the  names  therein 
contained  shall  be  counted,  and  the  number  set  down  at  the  foot  of  the  poll 


32  ELECTION  LAWS  OF  NEBRASKA 

books.  The  receiving  board  shall  upon  the  closing  of  the  polls  certify  to  all 
matters  pertaining  to  casting  of  ballots,  and  shall  thereupon  turn  over  all 
ballots,  ballot  boxes,  poll  books  and  all  other  material  to  the  counting  board. 
The  "counting  board  shall  thereupon  complete  the  canvass  and  certify  to  all 
matters  pertaining  to  the  canvass  and  counting  of  votes.  Except  that  in 
Counties  having  an  Election  Commissioner,  at  State  Primary  and  General 
State  elections,  that  part  of  the  canvass  which  takes  place  between  the  hours 
of  2  and  5  o'clock  P.  M.  shall  not  be  public  but  shall  be  open  to  a  duly  ac- 
credited representative  from  each  political  party  in  each  voting  precinct. 
Such  representatives  of  political  parties,  and  all  election  officials,  shall  sub- 
scribe to  an  oath  that  they  will  not  divulge  to  anyone  the  result  of  such  can- 
vass. In  violation  of  said  oath  they  shall  be  subject  to  a  fine  of  not  more 
than  $500.00.  (Laws  1917,  p.  101.) 

2066  Sec.  128.     Same  —  counting  votes.  —  After  the  poll  books  have  been 
examined,  compared  and  signed,  and  the  excessive  ballots,  if  any,  shall  have 
been  withdrawn,  sealed  up,  and  endorsed,  the  ballots  remaining  in  the  box 
shall  be  taken  out  by  one  of  the  judges,  and  the  canvass  shall  be  continued 
By  the  judges  announcing  to  the  clerk  the  number  of  votes  each  candidate 
balloted  for  shall  have  received,  after  which  the  ballots  shall  be  strung  upon 
a  strong  thread.     (1879  p.  252;  Ann.  5685;  Comp:  3246.) 

2067  Sec.  129.     Same—  tally  lists.—  The  clerks  shall  enter  upon  the  tally 
list  of  the  poll  books,  to  the  right  of  the  names  of  the  persons  voted  for,  all  the 
votes  as  declared  read  by  the  judges.     The  clerks  shall  express  in  figures  at  the 
end  of  the  tally  list  of  each  candidate,  within  a  circle  close  up  to  the  last  tally, 
the  total  number  of  votes  for  said  candidate,  as  follows  : 

John  E.  Arnold        fcffl^^tttlt^bffi^ttfllW® 

Michael  M.  Huck  ''l 


(1879  p.  252;  1901  p.  341;  Ann.  5686;  Comp.  3247.) 

2068  Sec.  130.     Same  —  double  ballots.  —  If  two  or  more  ballots  are  found 
so  folded  together  as  to  convince  the  judges  that  they  were  cast  as  one,  they 
shall  not  be  counted,  but  they  shall  have  the  words  "rejected  as  double"  writ- 
ten upon  them,  be  folded  together  again,  and  kept  as  herein  directed.     (1879 
p.  252;  Ann.  5687;  Comp.  3248.) 

2069  Sec.  131.    Same  —  ballots  not  designating  office  rejected.  —  If,  at  any 
stage  of  the  canvass,  a  ballot  not  stating  for  what  office  the  person  there  named 
is  voted  for  is  found  in  the  box,  when  officers  of  different  kinds  are  to  be  elect- 
ed, it  is  to  be  rejected  and  disposed  of  as  hereinafter  directed.     (1879  p.  252; 
Ann.  5688;  Comp.  3249.) 

2070  Sec.  132.     Same  —  rejecting  ballot  for  excess  of  names.  —  Whenever 
a  ballot  shall  contain  a  greater  number  of  names  for  any  one  office  than  the 
number  of  persons  required  to  fill  that  office,  it  shall  be  deemed  fraudulent  as 
to  the  whole  of  the  names  for  that  office,  but  no  further  ;  and  shall  be  endorsed 
"Rejected  as  to  office  of  -  "  and  disposed  of  as  hereinafter  directed; 
and  no  ballot  shall  be  deemed  fraudulent  because  it  contains  a  less  number  of 
names  than  are  authorized  to  be  inserted.     (1879  p.  252;  Ann.  5689;  Comp. 
3250.) 

Ballot  must  be  relected  for  excess  of  names.  State  v.  Griffey.  5  Neb.  161;  and  as  to 
such  office  is  void:  extrinsic  evidence  inadmissible  to  explain.  State  v.  Foxworthy,  29  Neb. 
341  (45  N.  W.  632). 

2071  Sec.  133.     Same  —  unsigned  and  unintelligible  ballots.  —  In  the  can- 


ELECTION  LAWS  OP  NEBRASKA  33 

V7ass  of  the  votes  any  ballot  which  is  not  endorsed  upon  the  back  thereof  as 
provided  by  law  by  the  signature  of  two  judges,  shall  be  void  and  shall  not 
be  counted,  and  any  ballot  or  parts  of  a  ballot  from  which  it  is  impossible  to 
determine  the  elector's  choice  shall  be  void  and  shall  not  be  counted.:  Pro- 
vided, when  a  ballot  is  sufficiently  plain  to  gather  therefrom  a  part  of  the 
voter's  intention,  it  shall  be  the  duty  of  the  judges  of  election  to  count  such 
part.  (1897  p.  226;  Ann.  5830;  Comp.  3386.) 

Mandatory  and  constitutional;  ballots  not  indorsed  by  two  judges  are  void.  Orr  v. 
Bailey,  59  Neb.  128  (80  N.  W.  495);  Mauck  v.  Brown,  59  Neb.  382  (81  N.  W.  313).  But  if 
voters  acted  in  good  faith,  vote  is  valid  though  one  indorser  was  clerk.  Bingham  v.  Broad- 
well,  73  Neb.  605  (103  N.  W.  323)  Voter's  intention  to  be  given  effect  if  possible.  Bingham 
v.  Broadwell,  73  Neb.  605  (103  N.  W.  323.  If  lawful  intent  of  voter  can  be  ascertained  un- 
intentional irregular  markings  will  not  invalidate.  Griffith  v.  Bonawitz,  73  Neb.  622  (103 
N.  W.  327).  Mandamus  will  not  lie  to  compel  canvass  of  ballots  not  indorsed  by  judges 
at«primary  election.  Crosby  v.  Haverly,  82  Neb  565  (118  N.  W.  123).  Markings  clearly  not 
intended  as  distinguishing  marks  will  not  invalidate.  Gauvreau  v.  Van  Patten,  83  Neb.  64 
(119  N.  W.  11);  State  v.  Russell,  34  Neb.  116  (51  N.  W.  465.)  Presumption  is  that  irregular 
markings  were  not  intended  as  distinguishing  marks.  White  v.  Slama,  89  Neb.  65  (130 
N.  W  978). 

2072  Sec.  134.     Surname  of  candidate. — If  at  any  stage  of  the  canvass 
a  ballot  shall  be  found  having  correctly  written  or  printed  thereon  the  sur- 
name of  any  person  for  any  office,  who  shall  be  a  candidate  for  such  office 
at  such  election,  and  there  shall  be  no  other  candidate  for  the  same  office 
having  the  same  surname,  such  ballot  shall  be  counted  for  such  candidate, 
although  the  initial  letter  or  letters  or  first  name  or  names  written  or  printed 
before  his  surname  may  not  be  those  properly  belonging  thereto;  but  if  there 
shall  be  two  or  more  candidates  at  said  election  for  the  same  office  having 
the  same  surname,  and  such  initial  letter  or  letters  or  first  name  or  names, 
written  or  printed  on  said  ballot,  shall  properly  belong  to  neither  of  the 
candidates,  such  -ballot  shall  be  rejected  and  disposed  of  as  hereinafter  di- 
rected.    A  candidate  within  the  meaning  of  this  section  is  any  person  inten- 
tionally voted  for  at  any  election.     (1879  p.  252;  Ann.  5690;  Comp.  3251.) 

2073  Sec.  135.     Fraudulent  ballots  not  counted. — When  at  any  general 
or  special  election  a  ballot  with  a  designated  heading  contains  printed  thereon, 
in  place  of  another,  a  name  not  found  on  the  regular  ballot  having  such 
heading,  such  name  shall  be  regarded  by  the  judges  as  having  been  placed 
therein  for  the  purpose  of  fraud,  and  the  ballot  shall  not  be  counted  for  the 
name  so  found.     (1883  p.  227;  Ann.  5839;  Comp.  3324.) 

2074  Sec.  136.    List  of  names  of  — and  vote  for — candidates. — When  all 
the  votes  shall  have  been  examined  and  counted,  the  clerks  shall  set  down  in 
the  form  "in  their  poll  books  the  name  of  every  person  voted  for,  written  at 
full  length,  the  office  for  which  such  person  received  such  vote  or  votes,  and 
the  number  of  votes  he  received,  which  number  shall  be  expressed  in  words 
at  full  length.     (1879  p.  253:  Ann.  5691;  Comp.  3252.)      ' 

2075  Sec.  137.     Returns — canvass — watches. — a.     Upon    the    completion 
of  the  canvass,  the  judges  of  election  shall  seal  up  in  a  package  all  the  ballots 
counted,  together  with  ballots  marked  as  rejected,  and  mark  the  same  "ballots 
cast."     They  shall  also  enclose  one  of  the  poll  books  in  an  envelope  or  cover, 
and  seal  the  same.     The  poll  book  thus  sealed,  the  packages  marked  "ballots 
cast"  and  "excesive  ballots,"  if  any  there  be,  shall  be  securely  bound  together 
and  directed  to  the  county  clerk.     The  packages  thus  bound  together  shall  be 
conveyed  to  the  county  clerk  by  one  of  the  judges  or  clerks  of  election,  im- 
mediately after  the  completion  of  said  canvass  of  the  votes.     It  shall  in  addi- 
tion, certify  upon  an  official  blank  provided  by  the  county  clerk,  the  total 


34  ELECTION  LAWS  OP  NEBRASKA 

number  of  votes  cast  for  each  candidate  or  proposition  voted  on.  in  such 
precinct.  The  clerk  shall  give  a  receipt  stating  that  the  poll  books  and  ballots 
have  been  received  and  deposited  with  him. 

b.  Watchers  may  be  appointed  to  be  present  and  watch  the  counting 
of  ballots  as  now  prrvided  by  law.  Such  counting  judges  and  their  clerks 
and  watchers  must  in  .addition  to  the  oath  now  prescribed  for  judges,  clerks 
and  watchers  take  an  oath  administered  by  one  of  the  said  counting  judges, 
who  are  hereby  empowered  to  administer  oaths,  that  they  will  not  in  any 
manner  make  known  to  any  one  the  result  of  the  votes  as  they  are  being 
counted  until  the  polls  have  closed,  provided,  that  all  other  persons  shall  be 
excluded  from  the  place  where  such  counting  and  canvassing  is  being  carried 
on  until  the  close  of  the  polls.  Any  such  judge,  clerk  or  watcher  violating 
any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and,  upon 
conviction  thereof  shall  be  liable  to  a  fine  of  not  more  than  five  hundred  dol- 
lars or  be  imprisoned  in  the  county  jail  nort  more  than  six  months,  or  to  both 
said  fine  and  imprisonment,  and  any  person  so  convicted  shall  be  disfranchised 
for  five  years  thereafter.  (Laws  1917,  p.  102.) 

Chapter  176.  Election — summary  of  votes — election  board  prepare.— 
That  upon  the  completion  of  the  canvass  of  the  vote  cast  in  their  respective 
precincts,  the  judges  and  clerks  of  election  shall,  from  the  completed  tally 
lists,  prepare  a  separate  summary  of  the  vote  in  their  precinct  showing  the 
name  of  each  candidate  and  the  office  he  was  voted  for  together  with  the  total 
vote  cast  for  and  against  each  measure  submitted  at  the  election,  stating  the 
total  vote  cast  in  the  precinct  for  each  candidate  and  measure.  The  statement 
shall  be  certified  to  by  all  of  the  judges  and  clerks  as  showing  the  correct 
total  votes  received  by  each  candidate  and  measure  at  the  election,  and  shall 
be  sealed  in  a  separate  envelope  and  returned  to  the  county  clerk  along  with 
the  poll  books  and  ballots  as  required  by  Section  2075  of  the  Revised  Statutes 
for  1913.  The  county  clerk  shall  open  such  envelope  upon  its  receipt  by  him 
and  such  returns  shall  be  filed  and  preserved  as  part  of  the  records  of  his  office 
and  kept  for  public  inspection.  (Laws  1917,  p.  394.) 

2076  Sec.  138.  Poll  books — care  of. — In  counties  not  under  township  or- 
ganization, the  other  poll  book  shall  be  deposited  with  one  of  the  judges  to 
be  appointed  by  the  said  judges  to  receive  the  same,  and  it  shall  be  subject 
to  the  inspection  of  any  elector  who  may  wish  to  examine  the  same  during 
the  period  of  six  months  after  such  election  shall  have  been  held.  In  counties 
under  township  organization,  in  townships  constituting  a  single  precinct,  the 
judges  of  election  shall  certify  the  result  as  to  township  officers  immediately 
after  footing  up  the  result  of  the  canvass  on  the  poll  books,  and  file  such  cer- 
tificate, together  with  the  other  poll  books,  in  the  office  of  the  town  clerk ;  but 
where  there  are  two  or  more  election  precincts  in  a  township,  the  township 
board  shall  meet  on  the  day  after  the  election,  and  canvass  the  votes  given  for 
township  officers  as  shown  by  the  returns  from  the  precincts,  and  the  town- 
ship board  shall  issue  certificates  of  election  accordingly.  (1879  p.  253;  Ann. 
5693;  Comp.  3254.) 

2077.  Sec.  139.  Canvass  by  County  Board — how  made — Upon  the  re- 
ception of  the  returns  of  each  election  precinct,  township  or  ward  by  the 
county  clerk,  directed  to  him  as  hereinbefore  provided,  and  within  six  days 
after  the  closing  of  the  polls,  he,  together  with  two  disinterested  electors  of 
the  county,  to  be  chosen  by  himself,  shall  open  the  poll  books  and  from  the 
returns  therein  make  abstracts  of  the  votes  cast,  in  the  following  manner: 
Of  votes  for  governor,  lieutenant  governor,  members  of  congress,  secretary 
of  state,  auditor  of  public  accounts,  state  treasurer,  attorney  general,  com- 


ELECTION  LAWS  OF  NEBRASKA  35 

missioner  of  public  lands  and  buildings,  and  member  of  railway  commission, 
on  one  sheet ;  of  votes  for  president  and  vice-president  on  one  sheet ;  of  votes 
for  United  States  senator  on  one  sheet;  of  votes  for  judges  of  the  supreme 
and  district  courts,  regents  of  the  university  and'  the  state  superintendent 
of  public  instruction  on  one  sheet;  of  votes  for  members  of  the  legislature 
from  the  county  alone  on  one  sheet;  of  votes  for  members  of  the  legislature 
by  districts  comprising  more  than  one  county  on  one  sheet;  and  of  votes  for 
county,  precinct  and  township  officers  on  one  sheet. 

The  foregoing  abstracts  shall  be  preserved  by  the  county  clerk  in  his 
office. 

When  the  canvassing  board  has  completed  the  canvass  heretofore  refer- 
red to  in  this  Section  it  shall  take  a  recess  until  after  the  county  clerk  shall 
receive  the  certified  copy  of  the  abstract  of  votes  cast  by  absent  voters  who 
are  in  the  military  or  naval  service  of  the  United  States.  After  the  county 
clerk  receives  said  certified  copy  of  the  abstract  he  shall  reconvene  the  can- 
vassing board  and  canvass  and  make  return  of  all  votes  cast  at  said  general 
election  by  absent  voters  of  the  county  who  are  in  the  military  or  naval  ser- 
vice of  the  United  States  or  of  this  State.  (Laws  1917,  p.  108;  am.  .Special 
Session,  1918,  p.  30.) 

2078  Sec.  140.    Same — when  county  clerk  candidate  at  election. — When- 
ever the  county  clerk  of  any  county  of  this  state  shall  be  a  candidate  for  any 
office  created  by  the  laws  of  this  state,  or  for  member  of  the  legislature  of  the 
state,  it  shall  be  the  duty  of  the  county  judge  of  the  proper  county  to  select 
two  qualified  electors  of  the  county,  who,  together  with  himself,  shall  consti- 
tute a  board  of  canvassers  to  canvass  the  vote  polled  for  the  office  for  which 
the  then  county  clerk  was  a  candidate :     Provided,  in  the  event  of  the  county 
judge  being  a  candidate  for  any  office  at  said  election,  the  county  clerk  shall 
canvass  the  votes  as  now  provided  by  law.     (1867  (Ter.)  p.  19;  Ann.  5696; 
Comp.  3322.) 

2079  Sec.  141.     Same — disposition  of  ballots  and  poll  books. — Upon  the 
completion  of  the  canvass  the  poll  books  shall  be  again  sealed  up,  and  together 
with  the  sealed  packages  of  ballots  still  unopened,  securely  bound  in  one  pack- 
age, shall  be  deposited  in  the  office  of  the  county  clerk,  where  they  shall  be 
safely  kept  for  twelve  months,  and  the  county  clerk  shall  not  allow  the  same 
to  be  inspected,  unless  in  case  of  contested  elections,  or  the  .same  become 
necessary  to  be  used  in  evidence  in  the  courts,  and  then  only  by  the  person 
and  in  the  manner  provided  by  law.     (1879  p.  255;  Ann.  5698;  Comp.  3257.) 

Clerk  removed  from  office  for  permitting-  ballots  to  be  taken  from  office.  Stewart  v. 
Bole,  61  Neb  193  (85  N.  W.  33). 

2080  Sec.   142.     Canvass  in  legislative  districts. — When   two   or  more 
counties  are  embraced  in  one  senatorial  or  representative  district,  the  clerks 
of  the  several  counties  in  said  district  shall,  within  seven  days  after  the  elec- 
tion, transmit  by  mail  or  otherwise  to  the  clerk  of  the  county  first  named  in 
the  law  designating  the  district,  a  copy  of  the  abstract  of  all  votes  cast  in  the 
several  counties  composing  such  district,  for  senator  or  representative,  and  the 
clerk  of  the  county  first  named  in  the  law  designating  the  district,  on  the  re- 
ception of  such  abstracts,  shall  select  two  disinterested  electors,  and  the  three 
shall  compare  the  votes  given  in  the  several  counties  as  shown  by  the  abstracts 
returned,  and  shall  make  out  and  deliver  to  the  person  having  the  highest 
number  of  votes  for  the  senate  or  house  of  representatives  a  certificate  of  elec- 
tion, which  shall  be  delivered  to  the  proper  person,  or  his  agent,  when  called 
for.     (1879  p.  255;  Ann.  5701;  Comp.  3260.) 


36  ELECTION  LAWS  OP  NEBRASKA 

2081  Sec.  143.     Returns  of  votes  for  state  officers  ard  president. — Im- 
mediately upon  the  completion  of  the  canvass  by  the  county  board  the  county 
clerk  shall  prepare  a  copy,  of  the  abstract  of  the  votes  cast  for  president,  vice- 
presidnet,  United  States  senator,  congressman,  all  state  officers,  regents,  judges 
of  the  supreme  and  district  courts  and  all  questions  under  the  constitution 
voted  upon  by  the  whole  people,  which  he  shall  seal  up  and  endorse — "Ab- 
stract  of  votes   of-  —county;"    and   direct   to   the    Speaker   of   the 
House  of  Representatives.     (Laws  1917,  p.  108.) 

2082  Sec.  144.    Returns  from  county  board  to  secretary  of  state. — The 
county  clerk  shall  at  the  same  time  envelope  and  seal  up  a  duplicate  copy 
of  the  same  abstracts  directed  to  the  secretary  of  state,  and  all  of  the  ab- 
stracts shall  be  placed  in  one  envelope  and  addressed  to  the  secretary  of 
state,  who  shall  preserve  the  ones  addressed  to  the  speaker  of  the  house  of 
representatives   unopened,   until  the   meeting   of  the   legislature,   and   from 
the  duplicate  copies  prepare  a  tabular  sheet  of  the  votes  cast  for  such  officers 
and  preserve  the  same  for  the  use  of  the  legislature  in  making  the  official 
canvass  as  required  by  the  constitution.     (1879  p.  256;  Ann.   5703;   Oomp. 
3262.) 

2083  Sec.   145.     Returns   for   state   board. — The   clerk   of   each   county 
shall  make  a  copy  of  the  abstract  of  votes  in  his  county  for  presidential 
electors,  judges  of  the  supreme  and  district  courts,  and  regents  of  the  univer- 
sity, which  copy  shall  be  sealed  up  and  endorsed,  "Election  returns  for  the 

offices  of  -  ,"  and  directed  to  the  secretary  of  state.     (1879  p. 

257;  Ann.  5704;  Comp.  3263.) 

2084.  Sec.  146  Canvass  by  State  Board — The  vote  cast  for  president 
and  vice-president,  shall  be  canvassed  by  a  board  of  State  canvassers,  con- 
sisting of  the  governor,  secretary  of  state,  auditor  of  public  accounts,  treas- 
urer and  attorney  general.  Such  canvass  shall  be  sufficient  notice  to  the 
Governor  to  appoint  the  electors  of  president  and  vice-president,  as  required 
by  Section  1  of  Chapter  33  of  the  Laws  of  Nebraska  for  1917. 

Said  board  shall  include  in  this  canvass  the  votes  of  absent  electors  who 
are  absent  from  this  State,  serving  either  in  the  military  or  naval  service  of 
the  United  States  or  of  this  State.  (Laws  1918,  Special  Session,  p.  31.) 

2085  Sec.   147.     Same — delayed  abstracts. — If  the   abstracts   from   any 
county  are  not  received  at  the  office  of  the  secretary  of  state  by  the  second 
Monday  after  the  day  of  election,  the  secretary  is  authorized  to  send  a  mes- 
senger to  the  clerk  of  such  county,  at  the  expense  of  such  county,  who  shall 
furnish  such  messenger  with  the  abstracts,  or,  if  they  have  been  sent,  with 
a  copy  of  them,  and  he  shall  return  them  to  the  secretary  without  delay.     If 
the  abstracts  were  delayed  by  reason  of  the  fault  or  neglect  of  the  clerk,  he 
shall  be  responsible  to  the  county  for  the  costs  of  the  messenger.     (1879  p. 
257;  Ann.  5705;  Comp.  3264.) 

2086  Sec.  148.     Same — preservation  of  abstracts. — The  abstracts  of  votes 
to  be  canvassed  by  the  board  of  state  canvassers  shall  be  kept  in  the  office  of 
the  secretary  of  state,  and  shall  only  be  opened  in  the  presence  of  such  board 
at  the  time  provided  in  the  next  following  section.     (1879  p.  257;  Ann.  5706; 
Comp.  3265.) 

2087  Sec.  149.     Same— Place  and  Time  for  Meeting  of  State  Board— 
The  board  of  State  canvassers  shall  meet  at  the  office  of  the  secretary  of  state 
on  the  sixth  Monday  after  the  election;  and  in  case  all  of  said  returns  shall 
not  have  been  received  at  the  office  of  the  secretary  of  state,  the  board  may 


ELECTION  LAWS  OF  NEBRASKA  37 

adjourn  from  day  to  day  until  the  same  shall  have  been  received.  Said  board 
shall  immediately  after  completing  the  canvass  as  returned  by  the  various 
county  clerks  canvass  and  make  return  of  the  votes  cast  by  persons  who  are 
absent  from  this  State  in  either  the  military  or  naval  service  of  the  United 
States  or  of  this  State.  Laws  1918,  Special  Session,  p.  31.) 

2088  Sec.  150.    Same — abstracts  of  votes — declaring  result — tie  vote. — 
They  shall  make  an  abstract  stating  the  number  of  ballots  cast  for  each  office, 
the  names  of  all  the  persons  voted  for,  for  what  office  they  respectively  re- 
ceived the  votes,  and  the  number  of  votes  each  received,  in  words  at  length, 
and  stating  whom  they  declare  to  be  elected  to  the  office,  which  abstract  shall 
be  signed  by  the  canvassers  in  their  official  capacity  and  as  state  canvassers, 
and  have  the  seal  of  the  state  affixed,  but  should  any  two  or  more  persons 
be  returned  with  an  equal  and  the  highest  vote,  the  board  shall  decide  by 
lot  which  of  said  persons  is  elected.     (1879  p.  258;  Ann.  5708;  Comp.  3267.) 

Mandamus  lies  to  compel  canvass  though  governor  is  a  member.  State  v.  Thayer, 
31  Neb.  82  (47  N.  W.  704). 

2089  Sec.  151.     Same — record  of  abstract. — The  secretary  shall  record 
the  abstract  in  a  book  to  be  kept  by  him  for  recording  the  result  of  the  state 
elections  and'to  be  called  the  election  book,  and  also  file  the  abstract  in  his 
office.       (1879  p.  258;  Ann.  5709;  Comp.  3268.) 

2090  Sec.  152.     Canvass   by  Legislature.  —  The   votes   cast   for   United 
States  Senator,  Congressmen,  Regents,  Judges  of  the  Supreme  and  District 
courts,  all  state  officers  and  all  questions  under  the  constitution  voted  upon 
by  the  whole  people,  shall  be  canvassed  by  the  legislature  at  its  next  regular 
session.     The  legislature  shall  include  in  its  canvass  the  votes  cast  by  absent 
voters  who  are  in  the  military  or  naval  service  of  the  United  States  or  of  this 
State.     (Laws  1918,  Special  Session,  p.  31.) 

2091  Sec.  153.     Certificate  of  Election  of  County  officers. — The  county 
clerk  shall  makeout  a  certificate  of  election  to  each  of  the  persons  having  the 
highest  number  of  votes  for  the  several  county,  precinct  and  township  officers, 
and  members  of  the  legislature  from  the  county  alone.     No  county  clerk  shall 
make  out,  issue  or  deliver  a  certificate  of  election  until  the  vote  cast  by  absent 
electors  who  are  in  the  military  or  naval  service  of  the  United  States  or  of 
this  State  has  been  canvassed  and  allowed  as  provided  by  law.     (Laws  1918, 
Special  Session,  p.  32.) 

2092  Sec.  154    Certificate  of  Election  of  State  Officers.— A  certificate 
shall  be  prepared  for  each  person  elected  in  substance  as  follows : 

State  of  Nebraska.     At  an  election  holden  on  the —      — day  of— 
A.  B.  was  elected  to  the  office  of—  —for  the  term  of—      —years  from 
the —                      —(or,  if  to  fill  a  vacancy,  say,  for  the  residue  of  the  terms 
ending  on  the —      — day  of —                 — A.   D.  —       — ) .    Given   at   Lincoln   this 
day  of — A.  D. 

Such  certificate  shall  be  signed  by  the  Governor,  under  the  seal  of  the 
State  and  countersigned  by  the  Secretary  of  State.  No  certificate  of  election 
shall  be  issued  until  the  vote  cast  by  absent  voters  who  are  in  the  military  or 
naval  service  of  the  United  States  or  of  this  State  shall  have  been  canvassed 
and  returned  as  provided  by  law.  (Laws  1918,  Special  Session,  p.  32.) 

2093  Sec.   155.     Tie  vote — how  determined. — When  there  is  a  tie   be- 
tween two  persons  for  an  office  to  be  filled  by  the  county  alone,  or  by  any 
precinct  or  township  therein,  the  county  clerk  shall  notify  them  to  appear 
at  his  office  at  a  given  time  to  determine  the  same  by  lot  before  the  canvass- 
ing board,   and  the   certificate   of  election  is  to   be   given   accordingly.     If 
either  party  fail  to  appear,  or  take  part  in  the  lot,  the  county  clerk  shall  draw 


c\c\rr\   \ 


38  ELECTION  LAWS  OF  NEBRASKA 

ARTICLE  X. 

CONTEST  OF  ELECTION. 

SECTION  SECTION 

2094.  "Incumbent"  defined.  2112.     Same — evidence   preserved. 

2095.  Grounds  for  contest.  2113.     Proceedings    for    contest — complaint — 

2096.  Same — misconduct  of  election  judges.  bond. 

2097       Contest    for    state    executive    office —  2114.  Same — contents    of    complaint, 

where    heard.  2115.  Same — summons. 

2098.  Members  of  legislature — where  heard.  2116.  Same — trial — time  of. 

2099.  Same — compensation  of  attorneys.  2117  Same — adjournment  of  trial. 

2100.  Judicial    officers    —   regents   —   where  2118.  Same — proceedings. 

heard.  2119.     Same — testimony — how   taken. 

2101.  County   judges   and   questions   submit-       2120.     Same — subpoenas  for  witnesses. 

ted  to  vote  of  county.  2121.     Same — amendment  of  complaint. 

2102.  County,     city,     precinct,     etc.,     where       2122.     Same — process,    fees,   etc. 

heard.  2123.     Same — compelling  witness  to  testify. 

2103.  Contesting  elections  of  other  officers —      2124.     Same — inspection   of  ballots. 

who  may  instigate  2125.     Same — opening   ballots. 

2104.  Notice  of  contest.  2126.     Costs — who   liable. 

2105.  Same — time  for  serving  notice — testi-      2127.     Judgment. 

mony.  2128.  Tie  vote — how  decided. 

2106.  Testimony.  2129.  Ouster  of  defeated  incumbent. 

2107.  Same — transmission   of.  2130  Void  election. 

2108.  Ballots,    etc.,    transmitted.  2131.  Appeal — bond — supersedeas. 

2109.  Filings  delivered  to  legislature.  2132.  Judgment  against  sureties. 
2110       Same — joint  meeting  of  house  and  sen-  2133.  Appeal  bond. 

ate. 
2111.     Same — opening  papers,  files,  etc. 

2094  Sec.  156.     " Incumbent"  defined.— The  term  "incumbent"  in  this 
chapter  means  the  person  whom  the   canvassers  declare   elected.     (1879  p. 
260;  Ann.  5716;  Comp.  3275.) 

2095  Sec.  157.     Grounds  for  contest. — The  election  of  any  person  to  any 
public  office,  the  location  or  relocation  of  a  county  seat,  or  any  proposition 
submitted  to  a  vote  of  the  people  may  be  contested : 

First — For  malconduct,  fraud,  or  corruption  on  the  part  of  the  judges 
of  election  in  any  precinct,  township,  or  ward,  or  of  any  board  of  canvassers, 
or  any  member  of  either  board  sufficient  to  change  the  result. 

Second — When  the  incumbent  was  not  eligible  to  the  office  at  the  time 
of  the  election. 

Third — When  the  incumbent  has  been  convicted  of  felony,  unless  at  the 
time  of  the  election  he  shall  have  been  restored  to  civil  rights. 

Fourth — When  the  incumbent  has  given  or  offered  to  any  elector,  or  any 
Judge,  clerk,  or  canvasser  of  the  election,  any  bribe  or  reward  in  money, 
property,  or  thing  of  value  for  the  purpose  of  procuring  his  election. 

Fifth — When  illegal  votes  have  been  received  or  legal  votes  rejected 
at  the  polls  sufficient  to  change  the  result. 

Sixth — For  any  error  in  any  board  of  canvassers  in  counting  the  votes, 
Dr  in  declaring  the  result  of  the  election  if  the  error  would  change  the  result. 

Seventh — When  the  incumbent  is  in  default  as  a  collector  and  custodian 
of  public  money  or  property. 

Eighth — For  any  other  cause  which  shows  that  another  person  was  legally 
-Jected.  (1879  p.  259;  Ann.  5715;  Comp.  3274.) 

Summary  proceeding  of  political  character;  elector  cannot  institute  contest  unless  ex- 
pressly provided;  cannot  contest  county  seat  election.  Thomas  v.  Franklin,  42  Neb.  310  (60 
N.  W.  568)  Sebering  v.  Bastedo,  48  Neb.  358  (67  N.  W.  148.)  Citizen,  taxpayer  and  elector 
of  city,  not  authorized  to  contest  city  election.  Barnes  v.  City  of  Lincoln.  85  Neb.  494  (124 
N.  W.  99). 

Grounds  for  contest  will  not  support  injunction  to  prevent  removal  of  county  seat. 
Scott  v.  McGuire,  15  Neb.  303  (18  N  W.  93).  Candidate  must  have  had  six  months'  continu- 
ous residence  at  date  of  election.  State  v.  McMillen,  23  Neb.  385  (36  N.  W.  587.)  County 
seat  election;  rejected  ballots  should  not  be  considered  in  total,  cast.  State  v.  Roper,  47  Neb. 
417  (66  N.  W.*  539)  City  elections  not  annulled  because  council  delegated  duty  of  canvass- 
ing returns.  Linn  v.  City  of  Omaha,  76  Neb.  552  (107  N.  W.  983).  Failure  to  keep  polls 
open  entire  time  is  harmless  error  where  result  is  not  affected.  Baltes  v.  Irrigation  Dist., 


ELECTION  LAWS  OF  NEBRASKA  39 

60  Neb.   310    (83  N.  W     83).     County  seat  election  contest;   may  plead  want   of  jurisdiction 
to  call  election.     Laws  v.  Vincent,  16  Neb.  208   (20  N.  W.  213). 

OTHER  REMEDIES.  —  If  remedy  by  contest  is  adequate  mandamus  will  not  lie.  Crosby 
v.  Haverly.  82  Neb.  565  (118  N.  W  123).  But  remedy  by  contest  is  not  exclusive;  mandamus 
lies  to  compel  correct  canvass  of  all  returns.  State  v.  Stearns,  11  Neb.  104  (7  N.  W.  743). 
Not  exclusive;  injunction  by  taxpayer  to  prevent  unauthorized  county  seat  election.  Solo- 
mon v.  Fleming-,  34  Neb.  40  (51  N.  W  304).  Injunction  does  not  lie  to  try  right  to  office; 
but  lies  to  restrain  interference  with  incumbent.  Hotchkiss  v.  Keck,  86  Neb.  322  (125  N.  W. 
509).  Remedy  is  cumulative;  quo  warranto  lies  in  supreme  court  to  try  county  office  contest. 
State  v.  Frazier,  28  Neb.  438  (44  N.  W.  471.)  Not  exclusive;  quo  warranto  in  district  court. 
State  v.  Frantz.  55  Neb.  167  (75  N.  W.  546.)  Contest  proceedings  and  quo;  warranto  are  con- 
current; city  ordinance  providing  for-  contests  is  cumulative.  State  v.  Cosgrave,  85  Neb.  187 
(122  N.  W.  885)  Mandamus  lies  to  compel  respondent  to  surrender  office  where  relator  is 
qualified.  State  v.  Quible,  86  Neb.  417  (125  N.  "W.  619).  On  mandamus  to  order  removal 
of  county  seat,  fraud  or  illegality  in  election  cannot  be  tried.  State  v.  Roper,  46  Neb.  730 
(65  N.  W  802). 

2096  Sec.  158.  Same  —  misconduct  of  election  judges.  —  When  the  mis- 
conduct complained  of  is  on  the  part  of  the  judges  of  election,  it  shall  not  be 
held  sufficient  to  set  aside  the  election  unless  the  vote  of  the  precinct,  township, 
or  ward  would  change  the  result  as  to  that  office.  (1879  p.  260;  Ann.  5717; 
Comp.  3276.) 

Misconduct  of  judges  without  fraud  or  corruption  will  not  defeat  election.  Bingham  v. 
Broadwell,  73  Neb.  605  (103  N.  W.  323). 


2097  SPC.  159.    Contest  for  state  executive  office  —  where  heard.  —  The 

legislature  in  joint  meeting  shall  hear  and  determine  cases  of  contested  election 
for  all  officers  of  the  executive  department  of  the  state.  The  meeting  of  the 
two  houses,  to  decide  upon  such  elections,  shall  be  held  in  the  hall  of  the  house 
of  representatives,  and  the  speaker  of  the  house  shall  preside.  (1879  p.  260; 
.{inn.  5718;  Comp.  3277.) 

2098  Sec.  160.    Members  of  legislature  —  where  heard.  —  The  senate  and 
house  of  representatives  shall  severally  hear  and  determine  contests  of  the 
election  of  their  respective  members.     (1879  p.  260;  Ann.  5720;  Comp.  3278.) 

2099  Sec.  161.    Same  —  compensation  of  attorneys.  —  Attorneys  represent- 
ing members  of  the  legislature  against  whom  contests  of  election  have  been 
instituted,  shall  in  no  case  receive  more  than  one  hundred  dollars  for  such 
services  for  each  member  represented:     Provided,  the  attorney  or  attorneys 
for  contestants  who  are  not  successful  in  unseating  the  incumbent  possessing 
an  election  certificate,  shall  not  be  allowed  any  fees.     (1901  p.  362;  Ann.  5719; 
Comp.  3513.) 

2100  Sec.  162.    Judicial  officers  —  regents  —  where  heard.  —  The  supreme 
court  shall  hear  and  determine   contests   of  the  election  of  judges   of  the 
supreme  court,  judges  of  the  district  courts,  and  regents  of  the  university, 
and  in  case  they  shall  disagree,  the  governor  shall  act  with  them  in  deter- 
mining the  contest,  but  no  judge  of  the  supreme  court  shall  sit  upon  the 
hearing  of  any  case  in  which  he  is  a  party.     (1879  p.  260;  Ann.  5721;  Comp. 
3279.) 

2101  Sec.  163.    County  judges  and  questions  submitted  to  vote  of  coun- 
ty. —  The  district  courts  of  the  respective  counties  shall  hear  and  determine 
contests  of  election  of  county  judge  and  in  regard  to  the  removal  of  county 
seats,  and  in  regard  to  any  other  subject  which  may  by  law  be  submitted  to 
the  vote  of  the  people  of  the  county,  and  the  proceedings  therein  shall  be 
conducted  as  near  as  may  be  as  hereinafter  provided  for  contesting  the  elec- 
tion of  county  officers.     (1879  p.  260;  Ann.  5722;  Comp.  3280.) 

No  provision  as  to  who  may  bring  contest  of  county  seat  election;  elector  cannot. 
Thomas  v.  Franklin.  42  Neb.  310  (60  N.  W.  568).  beoering  v.  Bastedo,  48  Neb.  (67  N.  W. 
148). 


40  ELECTION  LAWS  OF  NEBRASKA 

2102  Sec.  164.     County,  city,  precinct,  etc.,  where  heard. — The  county 
court  shall  hear  and  determine  contest  of  all  other  county,  township,  and 
precinct  officers,  and  officers  of  cities  and  incorporated  villages  within  the 
county.     (1879  p.  261;  Ann.  5723;  Comp.  3281.) 

Term  case;  not  acting  as  justice  of  peace;  judgment  may  be  announced  any  time  during 
term.  Orr  v.  Bailey,  59  Neb.  128  (80  N.  W.  495).  Quo  warranto  is  concurrent  remedy;  city 
ordinance  regulating  contests  is  cumulative.  State  v.  Cosgrave,  85  Neb.  187  (122  N.  W.  885) 
Taxpayer  and  elector  cannot  contest  city  elections,  except  of  officers.  Barnes  v.  City  of 
Lincoln,  85  Neb.  494  (124  N.  W.  99).  Cannot  hear  contest  over  city  bond  election.  Fox- 
worthy  v  L.  &  P.  Ry.,  13  Neb.  398  (14  N.  W.  394).  Does  not  include  school  district  officers. 
Laird  v.  Leap.  42  Neb.  834  (60  N.  W.  1043).  County  attorney  county  office;  county  court 
and  not  supreme  court  has  original  jurisdiction.  Bell  v.  Templin,  26  Neb.  249  (41  N.  W. 
1093) 

2103  Sec.  165.    Contesting  elections  of  other  officers — who  may  insti- 
gate.—The  election  of  any  person  declared  elected  to  any  office,  other  than 
executive  state,  officers  and  members  of  the  legislature,  may  be  contested  by 
any  elector  of  the  state,  judicial  district,  county,  township,  precinct,  city, 
or  incorporated  village   in   and  for  'which   the   person   is   declared   elected. 
(1879  p.  263:  Ann.  5732;  Comp.  3290.) 

In  judicial  proceeding  to  hear  contest,  hearsay  evidence  as  to  illegal  votes,  inadmiss- 
ible. Dean  v.  State,  56  Neb.  301  (76  N.  W.  555).  Contestant  must  allege  and  prove  he  is 
resident  elector  of  county.  Dodson  v.  Bowlby,  78  Neb.  190  (110  N.  W  698). 

2104  Sec.  166.     Notice  of  contest. — Whenever  any  elector  of  this  state 
chooses  to  contest  the  validity  of  the  election  of  any  of  the  officers  of  the 
executive  department  of  the  state,  or  whenever  any  elector  of"  the  proper 
county  or  district  chooses  to  contest  the  election  of  any  member  of  the  legis- 
lature from  such  county  or  district,  such  person  shall  give  notice  thereof  in 
writing,  read  such  notice  to  and  leave  a  copy  thereof  with  the  person  whose 
election  he  intends  to  contest,  within  twenty  days  after  the  election;  if  the 
person  cannot  be  found  in  his  district,  then  a  copy  shall  be  left  at  his  last 
place  of  residence  in  the  district,  naming  the  points  on  which  the  election 
shall  be  contested,  and  the  name  of  some  person  authorized  by  law  to  admin- 
ister oaths,  selected  by  him  to  take  the  depositions,  and  the  time  and  place 
for  the  taking  of  the  same ;  and  a  copy  of  such  notice  shall  also  be  delivered 
to  the  person  or  persons  so  selected  to  take  the   depositions;  the   adverse 
party  may  also  select  one  such  person  on  his  part  to  attend  at  the  time  and 
place  of  taking  such  depositions.     (1879  p.  261;  Ann.  5724;  Comp.  3282.) 

Notice  stating;  contestant  was  elector  of  district,  grounds  of  contest,  office  contested, 
date  at  which  its  duties  commenced,  person  to  take  depositions,  and  time  and  place  of  tak- 
ing same,  held  sufficient.  State  v.  Peniston,  11  Neb.  100  (  7  N.  W.  753). 

2105  Sec.  167.    Same — time  for  serving  notice — testimony. — The  notice 
provided  for  in  the  next  preceding  section  shall  ba  served  at  least  ten  days 
before  the  day  fixed  for  the  taking  of  depositions.     The  said  two  persons 
selected  as  aforesaid  to  take  the  depositions  shall  proceed  jointly  or  in  default 
of  either  one  of  such  persons  to  attend  at  the  time  and  place  fixed  upon,  the 
one  attending  shall  proceed  to  hear  and  reduce  to  writing  the  testimony  of 
all  witnesses  who  may  be  produced  by  either  of  said  parties,  and  may  adjourn 
from  day  to  day  until  all  said  testimony  shall  have  been  taken  and  reduced  to 
writing :     Provided,  such  testimony  shall  be  finally  closed  on  or  before  the  29th 
of  December  following.     (1879  p.  261 ;  Ann.  5725 ;  Comp.  3283.) 

After  entering  on  duties  mandamus  will  lie  to  compel  persons  to  take  testimony  State 
v.  Peniston,  11  Neb.  100  (7  N.  W.  753). 


ELECTION  LAWS  OF  NEBRASKA  41 

2106  Sec.  168.     Testimony. — No  testimony  shall  be  received  at  the  taking 
otf  the  depositions  on  the  part  of  the  contestant  which  does  not  relate  to  the 
point  specified  in  the  notice  of  the  contest.     (1879  p.  262;  Ann.  5726;  Comp. 

3284.) 

Seems  to  give  power  to  decide  what  testimony  is  applicable.  State  v.  Peniston,  11  Neb. 
100  (7  N.  W.  753) 

2107  Sec.  169.    Same — transmission  of. — The  testimony,  together  with 
a  copy  of  the  notice,  when  taken,  shall  be  certified  by  the  person  or  persons 
before  whom  the  same  is  taken,  enveloped,  sealed  up,  endorsed  "Depositions 
taken  in  the  matter  of  the  contest  of  the  election  of  A.  B.  to  the  office  of 

— ,"  and  directed  to  the  secretary  of  state,  who  shall  preserve  the  same, 
unopened,  till  the  meeting  of  the  legislature.  (1879  p.  262 ;  Ann.  5726 ;  Comp. 
3284.) 

2108  Sec.  170.    Ballots,  etc.,  transmitted.— If,  at  the  time  of  taking  de- 
positions to  be  used  before  the  legislature,  or  either  branch  thereof,  in  the  case 
of  a  contested  election,  the  notice  shall  allege  that  it  is  necessary  for  the  de- 
termination of  such  contest  that  the  ballots  or  the  poll  books  of  any  election 
district  or  districts  should  be  inspected,  the  officer  or  officers  before  whom 
such  depositions  shall  be  taken,  shall,  on  request  of  either  party  to  the  con- 
test issue  an  order  requiring  the  county  clerks,  or  other  person  in  whose 
custody  or  possession  the  ballots  or  poll  books  may  be,  naming  the  district 
or  districts  mentioned  in  the  notice,  to  deliver  them  to  the  person  or  persons 
therein  named,  who  shall  deliver  them  to  the  person  or  persons  issuing  such 
order.     Such  officer  or  officers  shall  transmit  such  ballots  or  poll  books,  un- 
opened, in  the  same  envelope  with  the  depositions  as  provided  in  the  preceding 
section.     (1879  p.  262;  Ann.  5727;  Comp.  3285.) 

2109  Sec.  171.    Filings  delivered  to  legislature. — On  the  second  day  after 
the  organisation  of  the  legislature,  the  secretary  of  state  shall  deliver  to  the 
speaker  of  the  house  all  papers  relating  to  contested  elections  of  executive 
officers,  and  to  the  presiding  officers  of  each  house  all  papers  relating  to  con- 
tested elections  of  the  members  of  their  respective  houses.     (1879  p.  262; 
Ann.  5728;  Comp.  3286.) 

2110  Sec.  172.    Same — joint  meeting  of  house  and  senate. — Upon  the 
reception  by  such  presiding  officers  of  papers  relating  to  contested  elections, 
they  shall  immediately  give  notice  to  their  respective  houses  that  such  papers 
are  in  their  possession.     Where  the  papers  relate  to  the  contest  of  any  execu- 
tive state  officer,  the  house  of  representatives  shall  notify  the  senate  and  a 
day  shall  be  fixed  by  both  houses  by  concurrent  resolution  for  the  uniting  of 
the  two  houses  to  decide  upon  the  same,  in  which  decision  the  yeas  and  nays 
shall  be  taken  and  entered  upon  the  journal.     (1879  p.  263;  Ann.  5729;  Comp. 
3287.) 

Must  submit  resolution  to  governor  for  signature  though  his  right  is  being  contested. 
Tn  re  Contest  Proceedings,  31  Neb.  262  (47  N.  W.  923) 

2111  Sec.  173.     Same — opening  papers,  files,  etc. — The  papers  relating 
to  any  such  contest  shall  be  opened  only  in  the  presence  of  the  body  by  the 
presiding  officer  to  whom  the  same  shall  be   delivered.     If  ballots   or  poll 
books  are  contained  therein,  they  shall,  after  being  opened,  remain  in  the 
custody  of  such  presiding  officer,  subject  to  the  inspection  of  the  members, 


42  ELECTION  LAWS  OF  NEBRASKA 

unless  they  shall  by  vote  be  temporarily  committed  to  the  chairman  of  a  com- 
mittee, in  which  case  such  chairman  shall  return  them  to  the  proper  presiding 
officer;  and  they  shall,  upon  the  decision  of  the  contest,  be  again  sealed  up 
in  an  envelope  and  returned  by  mail  or  otherwise  to  the  office  of  the  county 
clerk  in  which  they  were  first  required  to  be  filed.  (1879  p.  263;  Ann.  5730; 
Comp.  3288.) 

2112  Sec.  174.    Same — evidence  preserved. — All  the  evidence  in  any  con- 
test provided  for  in  the  last  preceding  section,  except  ballots  or  poll  books, 
shall,  after  a  decision  thereof,  be  preserved  in  the  office  of  the  secretary  of- 
state.     (1879  p.  263 ;  Ann.  5731 ;  Comp.  3289.) 

2113  Sec.   175.     Proceedings   for   contest — complaint — bond. — The    con- 
testants shall  file  in  the  proper  court,  within  twenty  days  after  the  votes  are 
canvassed,  a  complaint,  setting  forth  the  name  of  the  contestant,  and  that  he 
is  an  elector  competent  to  contest  such  election,  the  name  of  the  incumbent, 
the  office  contested,  the  time  of  the  election,  and  the  particular  causes  of  con- 
test, which  complaint  shall  be  verified  by  the  affidavit  of  the  contestant  that 
the  causes  set  forth  are  true  as  he  verily  believes.     The  contestant  must  also 
file  a  bond,  with  security  to  be  approved  by  the  clerk  of  the  court  or  county 
judge,  as  the  case  may  be,  conditioned  to  pay  all  costs  in  case  the  election 
be  confirmed,  the  complaint  dismissed,  or  the  prosecution  fail.     (1879  p.  263; 
Ann.  5733 :  Comp.  3291.) 

Adversary  proceeding;  those  actually  interested  adversely  to  contestant  should  be  de- 
fendants. Burke  v.  Perry,  26  Neb.  414  (42  N.  W.  401).  Twenty  days  for  filing-  begin  to  run 
seventh  day  from  election,  in  absence  of  proof  of  time  of  canvass.  Sawyer  v.  Sweet.,  33  Neb. 
630  (50  N  W.  954).  Complaint  is  sufficient  in  substance  if  it  follows  statute.  Burke  v. 
Perry,  26  Neb.  414  (42  N.  W.  401). 

2114  Sec.  176.    Same — contents  of  complaint. — When  the  reception  of 
illegal  or  the  rejection  of  legal  votes  is  alleged  as  a  cause  of  contest,  the 
names  of  the  persons  who  so  voted  or  whose  votes  were  rejected,  if  knownr 
with  the  precinct,  township,  or  ward  where  they  voted  or  offered  to  vote,  shall 
be  set  forth  in  the  complaint.     (1879  p.  264;  Ann.  5734;  Comp.  3292.) 

Must  set  forth  names  of  illegal  voters;  proof  must  correspond  with  allegations.  Todd 
v.  Cass  County,  30  Neb.  823  (47  N.  W.  196). 

2115  Sec.   177.     Same — summons. — Upon  the  filing  of  such   complaint,, 
summons  shall  issue  against  the  person  whose  office  is  contested,  in  the  same 
manner  as  in  civil  actions,  and  a  copy  of  the  complaint  shall  in  all  cases 
accompany  the  summons.     (1879  p.  264;  Ann.  5735;  Comp.  3293.) 

2116  Sec.  178.     Same — trial — time  of. — The  cause  shall  stand  for  trial  at 
the  expiration  of  thirty  days  from  the  time  of  service  of  the  summons  and 
complaint,  if  the  court  shall  then  be  in  session ;  otherwise,  on  the  first  day  of 
the  next  term  thereafter.     (1879  p.  264;  Ann.  5736;  Comp.  3294.) 

2117  Sec.  179.    Same— adjournment  of  trial.— The  trial  shall  proceed  at 
the  time  appointed  unless  postponed  for  good  cause  shown  by  affidavit,  the 
terms  of  which  postponement  are  in  the  discretion  of  the  court.     (1879  p.  264; 
Ann.  5737;  Comp.  3295.) 

2118  Sec.   180.     Same — proceedings. — The  proceedings  shall  be  assimi- 
lated to  those  in  an  action,  so  far  as  practicable,  but  shall  be  under  the  con- 
trol and  direction  of  the  court,  which  shall  have  all  the  powers  necessary  to 
the  right  hearing  and  determination  of  the  matter,  to  compel  the  attendance 


ELECTION  LAWS  OF  NEBRASKA  43 

of  witnesses,  swear  them  and  direct  their  examination ;  to  punish  for  contempt 
in  its  presence,  or  by  disobedience  to  its  lawful  mandate,  to  adjourn  from  day 
to  day,  to  make  any  order  concerning  immediate  costs,  and  to  enforce  its 
orders  by  attachment.  It  shall  be  governed  by  the  rules  of  law  and  evidence 
applicable  to  the  case.  (1879  p.  264;  Ann.  5738;  Comp.  3296.) 

Contestant  may  dismiss  before  issue  joined;  not  set  aside  without  notice;  party  may 
intervene  before  dismissal.  Moore  v.  Wadding-ton,  69  Neb.  615  (96  N.  W.  279)  Ele.ction 
record  as  made  up  at  polls,  admissible  in  evidence.  Appeal  to  district  court,  new  plead- 
ings unnecessary;  in  supreme  court,  entire  record  considered  de  nove.  Griffith  v.  Bonawitz, 
73  Neb.  622  (103  N.  W.  327). 

2119  Sec.  181.    Same — testimony — how  taken. — The  testimony  may  be 
oral,  or  by  depositions  taken  as  in  other  actions  in  the  court  where  the  cause 
is  tried.     (1879  p.  265:  Ann   5739;  Comp.  3297.) 

2120  Sec.    182.     Same — subpoenas   for   witnesses. — Subpoenas   for   wit- 
nesses may  be  issued  as  in  other  cases,  at  any  time  after  the  filing  of  the 
complaint.     (1879  p.  265;  Ann.  5739;  Comp.  3297.) 

2121  Sec.  183.     Same — amendment  of  complaint. — The  proceedings  shall 
not  be  dismissed  for  want  of  form,  if  the  particular  causes  of  the  contest  are 
alleged  with  such  certainty  as  will  sufficiently  advise  the  incumbent  of  the 
real  grounds  of  contest.     If  any  part  of  the  causes  are  held  insufficient,  they 
may  be  amended,  but  the  incumbent  will  be  entitled  to  an  adjournment  if  he 
state  on  oath  that  he  has  matter  of  answer  to  the  emended  causes,  for  the 
preparation   of  which  he   needs   further  time.     Such   adjournment   shall   be 
upon  such  terms  as  the  court  deem  reasonable;  but  if  all  the  causes  are  held 
insufficient,  and  an  emendment  is  asked,  the  adjournment  shall  be  at  the  cost 
of  the  contestant ;  if  no  amendment  is  asked  for  or  made,  or  in  case  of  entire 
failure  to  prosecute,  the  proceedings  may  be  dismissed.     (1879  p.  265;  Ann. 
5740;  Comp.  3298.) 

2122  Sec.  184.     Same— process,  fees,  etc.— The  style,  form  and  manner 
of  service  of  process  and  papers,  and  the  fees  of  officers  and  witnesses  shall  be 
the  same  as  in  other  cases  in  the  court  where  the  cause  is  tried.     (1879  p.  265; 
Ann.  5741;  Comp.  3299.) 

2123  Sec.  185.    Same — compelling  witness  to  testify. — The  court  may 
require  any  person  called  as  a  witness  who  voted  at  such  election  to  answer 
touching  his  qualifications  as  a  voter;  and  if  he  was  not  a  qualified  voter  in 
the  county  where  he  voted,  then  to  answer  for  whom  he  voted;  and  if  the 
witness  answer  such  questions,  no  part  of  his  testimony  on  that  trial  shall  be 
used  against  him  in  any  criminal  action.     (1879  p.  265;  Ann.  5742;  Comp. 
3300.) 

2124  Sec.   186.     Same — inspection  of  ballots. — If  an  inspection  of  the 
ballots  or  poll  books  of  any  election  district  in  this  state  shall  become  neces- 
sary for  the  determination  of  any  election  contest  before  any  court,  the  pre- 
siding judge  thereof  may  by  order,  naming  the  district  or  districts,  require 
the  proper  officer  to  procure  the  same  from  the  county  clerk,  or  other  person 
in  whose  possession  or  custody  the  same  may  be,  and  such  clerk  or  person 
shall  deliver  the  same  to  said  officer,  who  shall  deliver  them  unopened  to 
such  presiding  judge.     (1879  p.  266 ;  Ann.  5743 ;  Comp.  3301.) 

Ballots  not  preserved  substantially  as  required,  not  considered.  Martin  v.  Miles,  40 
Neb.  135  (58  N.  W.  732.) 


44  ELECTION  LAWS  OF  NEBRASKA 

2125  Sec.  187.     Same — opening  ballots. — The  presiding  judge  shall  open 
and  inspect  the  same  in  open  court,  in  the  presence  of  the  parties  or  their 
attorneys,  and  immediately  after  such  inspection  shall  again  seal  them  in  an 
envelope  and  return  them  by  mail  or  otherwise  to  the  office  of  the  county 
clerk  in  which  they  were  at  first  required  to  be  filed.     (1879  p.  266;  Ann. 
5744;  Comp.  3302.) 

2126  Sec.  188.     Costs — who  liable. — The  contestant  and  the  incumbent 
are  liable  to  the  officers  and  witnesses  for  the  costs  made  by  them  respect- 
ively.    But  if  the  election  be  confirmed,  or  the  complaint  be  dismissed,  or  the 
prosecution  fail,  judgment  shall  be  rendered  against  the  contestants  for  costs ; 
and  if  the  judgment  be  against  the  incumbent,  or  the  election  be  set  aside, 
it  shall  be  against  him  for  costs.     (1879  p.  266;  Ann.  5745;  Comp.  3303.) 

2127  Sec.  189.     Judgment. — The  judgment  of  the  court  in  cases  of  con- 
tested election  shall  confirm  or  annul  the  election  according  to  the  right  of 
the  matter ;  or,  in  case  the  contest  is  in  relation  to  the  election  of  some  person 
to  an  office,  shall  declare  as  elected  the  person  who  shall  appear  to  be  duly 
elected.     (1879  p.  266;  Ann.  5746;  Comp.  3304.) 

County  seat  election  called  without  authority,  declared  annulled.  Laws  v.  Vincent,  16 
Neb.  208  (20  N  W.  213). 

2128  Sec.  190.     Tie  vote — how  decided. — If  it  appears  that  two  or  more 
persons  have — or  would  have  had  if  the  legal  ballots  cast  or  intended  to  be 
cast  for  them  had  been  counted — the  highest  and  an  equal  number  of  votes 
for  the  same  office,  the  persons  receiving  such  votes  shall  decide  by  lot,  in 
such  manner  as  the  court  shall  by  written  order  direct,  which  of  them  shall  be 
declared  duly  elected ;  and  the  judgment  shall  be  entered  accordingly.     (1879 
p.  266;  Ann.  5747;  Comp.  3305.) 

2129  Sec.  191.     Ouster  of  defeated  incumbent. — When  either  the  con- 
testant or  incumbent  shall  be  in  possession  of  the  office,  by  holding  over  or 
otherwise,  the  court  shall,  if  the  judgment  be  against  the  party  so  in  posses- 
sion of  the  office  and  in  favor  of  his  antagonist,  issue  an  order  to  carry  into 
effect  the  judgment  of  the  court,  which  order  shall  be  under  the  seal  of  the 
court,  and  shall  command  the  sheriff  of  the  county  to  put  the  successful  party 
into  possession  of  the  office  without  delay,  and  to  deliver  to  him  all  books  and 
papers  belonging  to  the  same;  and  the  sheriff  shall  execute  such  order  as 
other  writs.     (1879  p.  267;  Ann.  5748;  Comp.  3306.) 

Mandamus  is  proper  remedy  to  enforce  judgment  of  ouster;  bond  does  not  stay  judg- 
ment. State  v.  Meeker.  19  Neb.  444  (27  N.  W.  427).  Cannot  enjoin  successful  contestant 
from  taking  possession.  State  v.  Mayor,  28  Neb.  103  (44  N.  W.  90). 

2130  Sec.  192.    Void  election. — When  the  person  whose  election  is  con- 
tested if  found  to  have  received  the  highest  number  of  legal  votes,  but  the 
election  is  declared  null  by  reason  of  legal  disqualification  on  his  piart,  or 
for  other  causes,  the  person  receiving  the  next  highest  number  of  votes  shall 
not  be  declared  elected,  but  the  election  shall  be  declared  void.     (1879  p.  267; 
Ann.  5749;  Comp.  3307.) 

Section  applied;  agreement  of  voters  to  elect  ineligible  candidate,  votes  valid.  Gardner 
v.  Burke,  61  Neb  534  (85  N.  W.  541).  Applied;  incumbent  holds  over  where  no  successor  is 
elected.  State  v.  Boyd.  31  Neb.  682  (48  N.  W.  739;  51  N.  W.  602). 

2131  Sec.   193.     Appeal — bond — supersedas. — The   party   against   whom 
judgment  is  rendered  in  cases  tried  in  the  county  and  district  court  may 
appeal  to  the  district  or  supreme  court,  and  if  the  appellant  be  in  possession 


ELECTION  LAWS  OF  NEBRASKA  45 

of  the  office,  such  appeal  shall  not  supersede  the  execution  of  the  judgment 
of  the  court  as  provided  in  the  preceding  section  unless  he  give  a  bond  with 
security,  to  be  approved  by  the  court,  in  a  sum  to  be  fixed  by  the  court  and 
which  shall  be  at  least  double  the  probable  compensation  of  such  officer  for 
six  months,  which  bond  shall  be  conditioned  that  he  will  prosecute  his  appeal 
without  delay,  and  that  if  the  judgment  appealed  from  be  affirmed,  he  will 
pay  over  to  the  successful  party  all  compensation  received  by  him  while  in 
possession  of  said  office  after  the  judgment  appealed  from  was  rendered; 
and  said  bond  shall  contain  the  express  consent  that  judgment  may  be  ren- 
dered against  the  sureties  on  the  appeal  as  provided  in  the  following  section. 
(1879  p.  267;  Ann.  5750;  Comp.  3308.) 

Proceeding  is  by  appeal;  motion  for  new  trial  is  unnecessary.  Barnd  v.  Hunt,  32  Neb. 
116  (49  N.  W.  222).  Appeal  to  district  court,  new  pleadings  unnecessary;  entire  record  con- 
sidered de  novo  in  supreme  court.  Griffith  v.  Bonawitz,  73  Neb.  622  (103  N.  W.  327.)  Appli- 
cant need  not  sign  bond.  Clark  v.  Strong,  14  Neb.  229  (15  N.  W.  236).  Bond  does  not  stay 
judgment  of  ouster.  State  v.  Mayor,  28  Neb.  103  (44  N.  W.  90). 

2132  Sec.  194.    Judgment  against  sureties. — If  upon  the  appeal  the  judg- 
ment be  affirmed,  the  appellate  court  shall  render  judgment  against  the  appel- 
lant and  the  sureties  on  his  bond,  or  either  of  them,  for  the  amount  which  the 
appellee  is  entitled  to  recover  from  the  appellant  on  account  of  such  contest, 
together  with  costs;  but  in  such  case  the  sureties,  or  either  of  them,  shall  be 
entitled  to  produce  and  examine  witnesses  concerning  the  amount  of  such  re- 
covery.    (1879  p.  268;  Ann.  5751;  Comp.  3309.) 

2133  Sec.  195.    Appeal  bond. — If  upon  appeal  the  appellant  shall  not 
be  in  possession  of  the  office,  he  shall  give  bond,  with  security  to  be  approved 
by  the  court  where  the  judgment  is  rendered,  conditioned  to  pay  all  costs 
that  may  be  adjudged  against  him  upon  such  appeal.     (1879  p.  268;  Ann. 
5752;  Comp.  3310.) 

tato 

Appellant  need  not  sign  bond.     Clark  v.   Strong,  14  Neb.   229   (15  N    W.  236). 


46 


ELECTION  LAWS  OF  NEBRASKA 


CHAPTER  XI. 

PRIMARY    ELECTIONS    AND    NOMINATION    OF    CANDIDATES. 


SECTION 

2134.  Construction    of    primary    law. 

2135.  Definition   and   construction   of   terms. 

2136.  "Political   party"    defined. 

2137.  General  election  laws  to  apply  to  pri- 

maries. 

2138.  Exceptions  from  operation  of  primary 

election. 

2139.  Candidates — how    nominated. 
2140       Same — nomination    by    petition. 

2141.  Time  and   place  for  primary. 

2142.  Same — presidential    year. 

2143.  Same — special    primaries. 

2144.  Place   for   holding-   primary   elections. 

2145.  Presidential   preference  vote. 

2146.  Nominating-    presidential    candidates — 

how. 

2147.  Presidential    candidate   named    on    bal- 

lot. 

2148.  Registration  day  in  presidential  years. 
2149       Presidential   electors. 

2150.  Nomination     papers     for     presidential 

electors. 

2151.  Delegates    to    national   convention    and 

national   comrriitteemen. 

2152.  Nominating-  petitions  for  delegates   to 

the  national  conventions. 

2153.  Same — not  more  than  five  per  cent  of 

voters  need  sign. 

2154.  Certificate  of  election  to  national  com- 

mitteemen     and    delegates     to     na- 
•tional   convention. 

2155.  Nomination    papers — where   filed. 

2156.  Same — filing-    fee. 

2157.  Nomination  papers — time  limit  for  fil- 

ing— form. 

2158       One  candidate  for  more  than  one  par- 
ty. 

2159.  Notice    of    primaries. 

2160.  List    of    candidates    prepared    by    sec- 

i*e1|ary     of     state     and     posted     by 
county  clerk. 

2161.  Declination  of  nomination. 

2162.  Objections    to    certificates    of    nomina- 

tion. 

2163.  Division  of  party — use  of  party  name. 

2164.  Party    affiliation    of   candidate. 

2165.  Vacancies — how   filled 

2166.  Nomination    of    candidate    by    conven- 

tion. 

2167.  Same — when   certificate  filed. 

2168.  New    political    party — how    formed. 


SECTION 

2169.  Same — name  of  new   party. 

2170.  Same — primary    ballot   of   new   party. 

2171.  Statement    by    candidate    for    legisla- 

ture. 

2172.  Same — statement   on   ballot. 

2173.  Statement  and  certificates   of  nomina- 

tion  to  be  preserved — how 

2174.  Constitutional    amendment — how    sub- 

mitted at  primary. 

2175.  Judges    and    clerks    of    primary    elec- 

tions. 

2176.  Ballots. 

2177.  Opening-   and   closing-   polls. 

2178.  Ballot    boxes. 

2179.  Qualifications   of   voters. 

2180.  Qualifications  of  voters  in  cities  where 

registration    of   voters   is   required. 

2181.  Unregistered    elector    —    swearing-    in 

vote. 
2182       Same — affidavit. 

2183.  Same — certificate. 

2184.  Record   of   votes   sworn   in. 

2185.  Form   of  affidavit. 

2186.  Registering:  party   affiliation   on   regis- 

ters. 

2187.  Party  affiliation  noted   in   poll   book. 
21S8.     List    of    voters    by    party    prepared    by 

city  clerk. 

2189.  Folding  ballots — how. 

2190.  Challenge — grounds   for. 
2191       Challengers. 

2192.  Challenge   of   voter. 

2193.  Time    allowed    employees    to    vote    at 

primary. 

2194.  Canvass   and   returns   by   precinct   and 

county   boards. 

2195.  State  canvass. 

2196.  City    canvass. 

2197.  Recount. 

2198.  Party   candidates. 

2199.  Certificate  of  nomination. 

2200.  List    of    candidates    prepared    by    sec- 

retary of  state. 
2201       Tie  vote. 

2202.  Contest  of  primary  election. 

2203.  Same — hearing. 

2204.  Same — findings — judgment — appeal. 

2205.  Forms  prepared  by  secretary  of  state- 

2206.  Fjxpen^ses     of     primary     election — how 

paid. 

2207.  Conventions. 

2208.  Party  committees. 


2134  Sec.  196.     Construction  of  primary  law. — This  article  shall  be  lib- 
erally construed  so  that  the  real  will  of  the  electors  may  not  be  defeated  by 
an  informality  or  failure  to  comply  with  all  provisions  of  law  in  respect  to 
either  the  giving  of  any  notice  or  the  conducting  of  the  primary  or  certifying 
the  results  thereof.     (1907  p.  202 ;  Ann.  5862 ;  Comp.  3326a.) 

2135  Sec.  197.     Definition  and  construction  of  terms. — The  words  and 
phrases  in  this  article  shall,  unless  the  same  be  inconsistent  with  the  context, 
be  construed  as  follows: 

First — The  word  "primary,"  the  primary  election  provided  for  by  this 
article ; 

Second — the  word  "election,"  a  general  or  city  election,  as  distinguished 
from  a  primary  election. 

Third — the  words  "November  election,"  the  general  election  held  in 
November ; 

Fourth — the  word  "precinct,"  a  district  established  by  law  within  which 
all  qualified  electors  vote  at  one  polling  place ; 


ELECTION  LAWS  OF  NEBRASKA  47 

7ifth — the  word  "district,"  a  subdivision  of  the  state  or  a  county  or 
tity  or  village  in  which  all  the  electors  are  entitled  to  participate  in  the  elec- 
tion of  any  one  or  more  candidates  for  office,  to  be  elected  by  votes  of  electors 
in  such  subdivision  exclusively.  (1907  p.  202;  Ann.  5862;  Comp.  3326a.) 

2136  Sec.  198.     " Political  party"  defined.— A  "political  party"  within 
the  meaning  of  this  article  shall  be  an  assemblage  or  organization  of  electors 
as  is  by  the  law  designated  as  such.     (1907  p.  205;  1909  p.  246;  1911  p.  220 
Ann.  5866 ;  Comp.  3326f .) 

Statute  recogrnizes  existence  and  rights  of  political  parties.  State  v.  Wait,  92  Neb. 
313  (138  N.  W.  159). 

2137  Sec.  199.     General  election  laws  to  apply  to  primaries. — The  pro- 
visions of  the  statutes  now  in  force  in  relation  to  the  holding  of  elections,  th« 
solicitation  of  voters  at  the  polls,  the  challenging  of  voters,  the  manner  of 
conducting  elections,  of  counting  the  ballots  and  making  returns  thereof,  and 
all  other  kindred  subjects,  except  contests,  shall  apply  to  all  primaries  in  so 
far  as  they  are  consistent  with  this  article ;  the  intent  of  this  article  being  to 
place  the  primary  elections  under  the  regulation  and  protection  of  the  laws 
now  in  force  as  to  elections.     (1907  p.  220;  Ann.  5898;  Comp.  3327  1.) 

2138  Sec.  200.    Exceptions  from  operation  of  primary  elections.— This 
article  shall  not  apply  to  special  elections  to  fill  vacancies,  nor  to  municipal 
elections  in  cities  having  less  than  twenty-five  thousand  population,  village, 
precinct,  township  and  school  district  officers,  members  of  the  board  of  super- 
visors in  counties  under  township  organization,  having  supervisors  from  each 
ward  and  township,  nor  to  members  of  school  boards,  nor  members  of  boards 
of  education:     Provided,  that  members  of  Boards  of  Education  in  Metropol- 
itan Cities  shall  be  nominated  as  provided  in  Section  202  of  this  article,  being 
Section  2140  of  said  Statutes  providing  for  nomination  by  petition.     (1907  p. 
203;  1909  p.  244;  1915  p.  101;  Ann.  5863;  Comp.  3326b.) 

2139  Sec.  201.     Candidates — how  nominated. — All  candidates  for  elec- 
tive offices,  except  those  expressly  exempted  from  the  provisions  of  this  ar- 
ticle, shall  be  nominated : 

First — By  a  primary  held  in  accordance  with  this  article,  or 
Second — by  nomination  papers  signed  and  filed  as  provided  by  statute. 
(1907  p.  203;  1909  p.  244;  Ann.  5863;  Comp.  3326b.) 

2140  Sec.  202.     Same — nomination  by  petition. — Candidates  for  public 
offices  may  be  nominated  otherwise  than  by  convention,  committee  or  primary 
meeting  in  the  following  manner. 

A  certificate  of  nomination  containing  the  name  of  the  candidate  for  the 
office  to  be  filled. stating  the  name,  residence,  business  and  post  office  address 
of  the  candidate  shall  be  signed  by  electors  residing  in  the  district  or  politi- 
cal division  in  which  the  officers  are  to  be  elected  and  filed  with  the  clerk  of  the 
village,  city  or  county,  or  with  the  secretary  of  state,  as  the  case  may  be.  The 
number  of  signatures  shall  not  be  less  than  one  thousand  when  the  nomination 
is  for  an  office  to  be  filled  by  the  electors  of  the-  entire  state ;  and  not  less  than 
two  hundred  when  the  nomination  is  for  an  office  to  be  filled  by  the  electors 
of  the  city,  county  or  other  division  less  than  the  state,  and  not  less  than  fifty 
when  the  nomination  is  for  an  office  to  be  filled  by  the  electors  of  a  township, 
precinct  or  ward :  Provided,  the  number  of  signatures  need  not  in  any  in- 
stance exceed  one-fourth  of  the  total  number  of  voters  when  the  nomination 


48  ELECTION  LAWS  OF  NEBRASKA 

is  for  an  office  to  be  filled  by  the  electors  of  a  county,  city,  township,  precinct, 
village  or  ward,  and  the  signatures  need  not  all  be  appended  to  one  paper:. 
Provided,  no  person  who  has  been  a  candidate  for  any  office  at  a  primary  shall 
be  a  candidate  by  petition  or  certificate  of  nomination  for  the  office  for  which 
he  was  defeated,  at  the  next  general  election:  Provided,  further,  candidates 
nominated  under  the  provisions  of  this  section  shall  be  termed  "candidates  by 
petition"  and  upon  the  ballot  upon  which  their  names  are  printed  shall  be 
printed  after  such  names  the  words  "By  petition.  Each  elector  signing  a  cer- 
tificate shall  add  to  his  signature  his  place  of  business,  his  residence  and  adT 
dress.  Certificates  of  nomination  for  all  county,  district  or  precinct  offices, 
including  members  of  both  branches  of  legislature,  shall  be  filed  with  the 
county  clerk  of  the  respective  counties  wherein  the  officers  are  to  be  elected, 
and  in  case  the  legislative  districts  from  which  such  candidate  is  to  be  elected 
embraces  more  than  one  county,  then  in  that  case  the  certificate  shall  be  filed 
with  the  county  clerk  of  each  county  included  in  such  district.  Certificates 
for  the  nomination  of  the  judge  of  the  district  court  shall  be  filed  with  the 
county  clerk  of  each  county  embraced  in  such  .-judicial  district.  Certificates 
of  nomination  for  municipal  offices  shall  be  filed  with  the  municipal  clerk  of 
such  municipal  corporation  wherein  the  officers  are  to  be  elected.  (1907  p. 
203;  1915  p.  102;  Ann.  5810;  Comp.  3326c.) 

2141  Sec.  203.     Time  and  place  for  primary.— There  shall  be  a  primary 
election  held  at  the  regular  polling  place  in  each  precinct  on  the  third  Tuesday 
in  August,  1914  and  every  two  years  thereafter,  except  as  otherwise  provider" 
in  the  two  next  following  sections,  for  the- nomination  of  all  the  candidates, 
except  those  exempted  from  the  provisions  of  this  article,  to  be  voted  for  at 
the  November  election;  also  for  preference  vote  for  United  States  senator 
whenever  such  senator  is  to  be  elected  by  the  next  legislature  at  the  next 
session  thereof.     (1907  p.  204;  1909  p.  245;  1911  p.  216;  1913  p.  383;  Ann 
5864;  Comp.  3326d.) 

2142  Sec.  204.     Same — presidential  year. — In  the  year  1912  and  ever} 
four  years  thereafter  the  primary  shall  be  held  on  the  third  Tuesday  in 
April,  at  which  a  preference  vote  for  president  and  vice-president   of  the 
United  States  as  provided  for  in  this  article  shall  be  had.     (1907  p.  204;  1909 
p.  245;  1911  p.  216;  Ann.  5864;  Comp.  3326d.) 

2143  Sec.  205.     Same — special  primaries. — Any  primary  other  than  those 
provided  for  in  this  article  shall  be  held  on  Tuesday,  four  weeks  before  the 
-election,  except  in  cities  of  the  metropolitan  class  and  in  cities  of  the  first  class 
having  over  twenty-five  thousand  inhabitants,  wherein  it  shall  be  held  on  Tues- 
day, five  weeks  before  the  day  of  election.     (1907  p.  204;  1909  p.  245;  1911  p 
217;  Ann.  5864;  Comp.  3326d.) 

2144  Sec.  206.     Place  for  holding  primary  elections. — The  primary  elec- 
tion shall  be  held  in  each  election  district  at  the  place  where  the  last  election 
was  held,  or  such  other  place  as  may  be  lawfully  designated  for  the  polling 
place  for  the  election  district,  and  shall  be  held  at  the  place  where  registration 
of  voters  occurs  for  the  election  next  ensuing  in  cities  where  registration  is 
required.     (1907  p.  207;  Ami.  5871;  Comp.  3326k.) 

2145  Sec.  207.     Presidential  preference  vote. — When  candidates  for  offi- 
ces  of  president  and  vice-president  of  the  United  States  are  to  be  nominated, 


ELECTION  LAWS  OF  NEBRASKA  49 

every  qualified  elector  of  a  political  party  subject  to  this  article  shall  havo 
opportunity  to  vote  his  preference,  on  his  party  nominating  ballot,  for  his 
choice  for  one  person  to  be  the  candidate  of  his  political  party  for  president, 
and  one  person  to  be  the  candidate  of  his  political  party  for  vice-president 
of  the  United  States,  either  by  writing  the  names  of  such  persons  in  blanfc 
spaces  to  be  left  in  said  ballot  for  that  purpose,  or  by  marking  with  a  crosr 
opposite  the  printed  names  of  the  persons  of  his  choice,  as  in  the  case  of 
other  nominations.  (1907  p.  204;  1909  p.  245;  1911  p.  217;  Ann.  5864;  Comp. 
3326d.) 

Does    not    control    pi-esidential    electors;    only    morally    binding    on    deleg-ates.     State    v. 
Wait,   92  Neb.   313    (138   N.  W.    159). 

2146  Sec.  208.     Nominating  presidential  candidates — how. — The  names 
of  any  persons  to  be  voted  for  as  preference  for  president  or  vice-president 
of  the  United  States  shall  be  printed  on  the  primary  ballots  solely  on  the  peti- 
tion of  their  political  supporters  in  Nebraska,  without  such  persons  them- 
selves signing  the  petition  or  acceptance.     (1907  p.  204;  1909  p.  245;  1911  p. 
216;  Ann.  5864;  Comp.  3326d,x 

2147  Sec.  209.     Presidential  candidate  named  on  ballot.— The  names  of 
persons  in  such  political  party  who  shall  be  presented  by  petition  of  their 
supporters  to  be  party  candidates  for  president   and  vice-president  of  the 
United  States,  shall  be  printed  on  the  nominating  ballot,  and  the  ballots  shall 
be  marked,  and  the  votes  shall  be  counted,  canvassed  and  returned  in  like 
manner  and  under  the  same  conditions  as  to  names  and  petitions  and  other 
matters  as  far  as  the  same  are  applicable,  as  the  names   and  petitions  of 
aspirants  for  the  party  nominations  for  the  office  of  governor  are  now  or  may 
be  by  law  required  to  be  marked,  filed,   counted,   canvassed  and  returned. 
;1907  p.  204;  i909  p.  245;  1911  p.  218;  Ann.  5864;  Comp.  3326d.) 

2148  See.  210.     Registration  day  in  presidential  years. — In  the  years  in 
which  a  preference  vote  for  president  and  vice-president  of  the  Unitel  States 
is  had,  the  primary  election  day  shall  be  the  first  day  of  registration  of  voters 
in  all  cities  where  registration  is  required.     The   primary  election  held  in 
presidential  years  shall  be  governed  by  the  laws  governing  primary  elections 
in  other  years.     (1907  p.  204:  1909  p.  245;  1911  p.  216;  Ann.  5864;  Comp. 

-3326d.) 

2149,  2150     (Repealed  1917,  p.  103.) 

2151  Sec.  213.     Delegates  to  national  convention  and  national  commit- 
teemen. — In  the  years  that  a  president  and  vice-president  are  to  be  elected 
there  shall  be  elected,  at  the  primary  election,  delegates  and  alternates  to  the 
national  conventions  and  members  of  the  national  committees  of  the  several 
parties,  as  follows:     Four  delegates  shall   be   elected  by  the  voters  of  the 
state  at  large ;  the  remainder  of  the  delegates  shall  be  equally  divided  between 
the  various   congressional   districts   in  the  state,   and  the   district   delegates 
shall  be  elected  by  the  voters  of  the  various  congressional  districts  in  the 
state.     (1907  p.  204;  1909  p.  245;  1911  p.  216;  Ann.  5864;  Comp.  3326d.) 

2152  Sec.  214.    Nominating  petitions  for  delegates  to  the  national  con- 
ventions.— Nominating  petitions  for  delegates  and  alternates  at  large  to  the 
national  conventions  and  for  members  of  the  national  committees  shall  contain 
the  names  of  not  less  than  five  hundred  electors  of  each  congressional  district 
of  the  party  which  such  delegates  and  committeemen  are  to  represent ;  and  the 


60  ELECTION  LAWS  OF  NEBRASKA 

Dominating  petitions  for  delegates  and  alternates  to  the  national  conventions 
from  the  congressional  districts  shall  be  signed  by  five  hundred  electors  of 
the  political  party  and  of  the  district  which  such  delegates  are  to  represent 
Such  petitions  shall  be  signed  by  electors  residing  in  at  least  two-thirds  of  the 
counties  of  said  district.  (1907  p.  204;  1909  p.  245;  1911  p.  216;  Ann.  5864; 
Comp.  3326d.) 

2153  Sec.  215.    Same — not  more  than  five  per  cent  of  voters  need  sign. 
— In  no  case  shall  more  than  five  per  cent  of  the  total  vote  of  any  political 
party  in  the  state,  or  in  any  congressional  district,  be  required  to  sign  the 
petitions  referred  to  in  this  article.     (1907  p.  204;  1909  p.  245;  1911  p.  216; 
Ann.  5864;  Comp  3326d.) 

2154  Sec.  216.    Certificate  of  election  to  national  committeemen  and 
delegates  to  national  convention. — The  secretary  of  state  shall  grant  certifi- 
cates of  election  to  persons  elected  as  members  of  the  national  committee 
and  as  delegates  and  alternates  to  national  conventions  of  the  several  parties 
subject  to  the  provisions  of  this  article,  which  certificates  shall  show  the 
number  of  votes  received  in  the  state  by  each  candidate  for  president  and  vice- 
president  of  the  political  party  represented  by  such  delegate.     (1907  p.  204; 
1909  p.  245;  1911  p.  216;  Ann.  5864;  Comp.  3326d.) 

2155  Sec.  217.    Nomination  papers — where  filed. — All  nomination  pa- 
pers shall  be  filed  as  follows : 

First — For  officers  elective  in  more  than  one  county,  in  the  office  of  the 
secretary  of  state ; 

Second — for  officers  to  be  voted  for  wholly  within  one  county,  except 
city  officers,  in  the  office  of  the  county  clerk  of  such  county ; 

Third— for  city  officers,  in  the  office  of  the  city  clerk.  (1907  p.  206;  Ann. 
5867;  Comp.  3326g.) 

2156  Sec.  218.     Same — filing  fee. — Prior  to  the  filing  of  such  petition, 
and  for  the  purpose  of  helping  to  defray  the  expense  of  such  primary  there 
shall  be  paid  to  the  county  treasurer  for  the  use  of  the  general  fund,  of  the 
county  of  the  candidate's  residence,  by  or  on  behalf  of  each  candidate,  a 
filing  fee  as  follows: 

For  the  office  of  United  States  senator $50.00 

For  state  officers,  members  of  congress  and  judges  of  the  district 

court 10.00 

For  county,  legislative  and  city  offices 5.00 

No  nominating  paper  shall  be  filed  until  the  proper  county  treasurer's  re- 
ceipt showing  the  payment  of  such  filing  fee  shall  be  presented  to  the  officer 
with  whom  such  nominating  paper  is  to  be  filed. 

No  filing  fee  shall  be  required  from  candidates  for  regents  of  the  state 
university  or  presidential  electors.  (1907  p.  207;  Ann.  5873;  Comp.  3326m.) 

2157  Sec.  219.     Nomination  papers — time  limit  for  filing — form. — The 
name  of  no  candidate  shall  be  printed  upon  an  official  primary  ballot  unless 
at  least  thirty  days  prior  to  such  primary,  either  he,  or  twenty-five  qualified 
electors  of  the  party  with  which  said  candidate  affiliates  shall  have  filed  a 
written  application  with  the  proper  authority  and  in  substantially  the  fol- 
lowing form: 

I   (or  we),  the  undersigned,  qualified  'elector   (or  qualified  electors)    of  precinct 

(or  ward)   of  county   (or  city),  in  the  State  of  Nebraska,  affiliating  with  the  


ELECTION  LAWS  OF  NEBRASKA  51 

party  and  residing:  at hereby  request  that  my  (or  the  name  of  — )  be  placed  upon 

the  official  primary  ballot  of  the  said  party  for  the  primary  election  to  be  held  on  the  

day  of  in  as  a  candidate  for  the  office  and  I  pledge  myself  to  abide  by 

the  result  of  said  primary  election  and  qualify  if  elected. 

In  case  a  nomination  shall  be  made  by  electors  other  than  the  candidate 
said  nominee  shall,  within  five  days  after  the  date  the  said  certificate  shall 
be  filed  with  the  proper  officer,  file  a  statement  in  writing  duly  verified  under 
oath,  stating  that  he  affiliates  with  the  party  named  in  said  certificate,  that  he 
will  abide  by  the  results  of  said  primary,  and  if  elected  will  qualify  and 
serve  as  such  officer.  In  case  said  statement  shall  not  be  filed  within  five 
days  the  name  of  the  candidate  in  the  petition  shall  not  be  placed  upon  the 
primary  ballot.  (1907  p.  205;  1909  p.  246;  1911  p.  219;  Ann.  5866;  Comp. 
33261) 

2158  Sec.  220.     Candidate  for  but  one  party. — The  name  of  any  candi- 
date may  appear  on  one  or  more  of  the  party  tickets  if  the  proper  filings 
have  been  made.     But  where  a  candidate  seeks  nomination  on  two  or  more 
tickets,  if  he  loses  the  nomination  of  the  majority  part,  he  shall  not  be  per- 
mitted to  accept  the  nomination  of  the  minority  party,  unless  the  vote  received 
by  him  from  such  minority  party  was  in  excess  of  the  vote  received  by  him  from 
the  majority  party.     No  candidate  defeated  at  the  primary  election  shall  be 
permitted  to  file  by  petition  in  the  general  election  next  following.     (Laws 
1917,  p.  111.) 

2159  Sec.   221.     Notice  of  primaries. — At  least   sixty   days   before  the 
holding  of  any  primary,  the  governor  shall  issue  his  proclamation  designating 
all  the  offices  to  be  filled  by  the  vote  of  all  the  electors  of  the  state,  or  by  those 
of  any   congressional,   legislative   or  judicial   district  ,and  transmit   a   copy 
thereof  by  mail  to  the  county  clerk  of  each  county.     Upon  the  receipt  of 
such  proclamation  such  county  clerk  shall,  within  ten  days  thereafter,  make 
and  publish  a  notice  of  such  primary  in  manner  and  form  substantially  as 
now  provided  by  law  for  notices  of  the  November  election,  and  all  persons  to 
whom  said  notices  may  be  by  said  county  clerk  delivered  shall  post  and  pub- 
lish the  same  in  the  same  manner  as  the  notices  for  general  elections.     In 
case  of  city  election,  the  city  clerk  shall  post  such  notice  at  the  regular  polling 
place  in  each  precinct.     Such  posting  shall  be  not  more  than  twenty  and  not 
less  than  ten  days  before  such  primary  election.     (1907  p.  204;  1909  p.  246; 
1911  p.  219;  Ann.  5865;'Comp.  3326e.) 

2160  Sec.  222.    List  of  candidates  prepared  by  secretary  of  state  and 
posted  by  county  clerk.— At  least  twenty-five  days  before  any  primary  pre- 
ceding a  general  election,  the  secretary  of  state  shall  transmit  to  each  county 
clerk  a  certified  list  containing  the  name  and  post  office  address  of  each  per- 
son for  whom  nomination  papers  have  been  filed  in  his  office,  and  entitled  to 
be  voted  for  at  such  primary,  together  with  a  designation  of  the  office  for 
which  he  is  candidate,  and  the  party  or  principle  he  represents.     Such  clerk 
shall  forthwith  upon  receipt  thereof  make  public,  under  the  proper  party 
designation,  the  title  of  each  office,  the  names  and  addresses  of  all  persons 
for  whom  nomination  papers  have  been  filed,  the  date  of  the  primary,  the 
hours  during  which  the  polls  will  be  opened,  and  that  the  primary  will  be 
held  at  the  regular  polling  place  in  each  precinct.     Such  clerk  shall  cause 
copies  of  the  same  to  be  posted  in  at  least  one  public  place  in  each  precinct  in 
his  county,   designating  therein  the  location   of  the  polling  booth   in  each 
-election  precinct.     (1907  p.  206;  Ann.  5868;  Comp.  3326h.) 


62  ELECTION  LAWS  OF  NEBRASKA 

2161  Sec.  223.     Declination  of  nomination. — Whenever  any  person  nom- 
inated for  public  office,  as  in  this  article  provided,  shall,  at  least  fifteen  days 
before  election,  notify  the  officers  with  whom  the  original  certificate  of  nom- 
ination was  filed,  or  if  nominated  at  a  primary  election,  as  in  this  article  pro- 
vided, and  the  office  for  which  he  was  nominated  was  an  office  to  be  voted  for 
in  more  than  one  county,  the  secretary  of  state,  and  if  to  be  voted  for  in  one 
county  alone,  the  county  clerk  of  the  county  where  such  office  is  to  be  voted, 
or  if  a  municipal  office  the  clerk  of  the  city  or  village,  by  a  statement  in 
writing  by  him  and  duly  acknowledged,  that  he  decline  such  nomination,  the 
same  shall  be  void,  and  his  name  shall  not  be  printed  upon  the  ballots;  but 
no  such  declination  shall  be  received  after  the  time  above  specified.     The 
officer  to  whom  such  notification  is  given  shall  forthwith  inform  by  mail  or 
otherwise,   one   or  more  persons  whose  names  are   attached  to   the   original 
certificate  of  nomination  (provided  he  was  nominated  by  a  convention  or  com- 
mittee), or  if  nominated  at  a  primary  election,  as  provided  for  in  this  article, 
the  chairman  or  secretary  of  the  campaign'  or  party  committee  of  his  political 
party,  if  there  be  one,  and  if  not,  at  least  three  of  the  prominent  members 
of  his  political  party  in  the  state,  that  he  has  declined  such  nomination,  by 
mailing  or  delivering  to  them  personally  notice  of  such  fact,  and  three  days 
shall  be  given  such  party,  committee  or  convention  to  nominate  a  person  to 
fill  such  vacancy.     (1907  p.  221 ;  Ann.  5901 ;  Comp.  3327o.) 

2162  Sec.   224.     Objections  to   certificates   of  nomination. — All   certifi- 
cates of  nomination  or  nomination  statements,  which  are  in  apparent  conform- 
ity with  the  provisions  of  this  article,  shall  be  deemed  to  be  valid,  unless  ob- 
jections thereto  shall  be  duly  made  in  writing  within  three  days  after  the 
filing  of  the  same.     In  case  such  objection  is  made,  notice  thereof  shall  forth- 
with be  mailed  to  all  candidates  who  may  be  affected  thereby,  addressed  to 
them  at  their  respective  places  of  residence  as  given  in  the  certificate   of 
nomination  or  in  the  nomination  affidavits  of  such  persons,  on  file  in  that 
office.     Objections  to  the  use  of  party  name  may  also  be  made  and  passed 
upon  in  the  same  manner  as  objections  to  certificates  and  nomination  state- 
ments.    The  officer  with  whom  the  original  certificate  was  filed,  or  who  made 
an  affidavit  to  the  original  nominating  statement,  shall,  in  the  first  instance, 
pass  upon  the  validity  of  such  objection,  and  his  decision  shall  be  final,  unless 
an  order  shall  be  made  in  the  matter  by  the  county  court,  or  by  a  judge  of  the 
district  court,  or  by  a  justice  of  the  supreme  court  at  chambers,  on  or  before 
the   second  Wednesday  preceding  the   election.     Such   order  may   be   made 
summarily  upon  application  of  any  party  interested,  and  upon  such  notice 
as  the  court  or  judge  may  require.     The  decision  of  the  secretary  of  "state,  or 
the  order  of  the  judge  or  supreme  court  justice,  shall  be  binding  on  all  other 
county,  municipal  or  other  officers  with  whom  certificates  of  nomination  are 
filed.     (1907  p.  222 ;  Ann.  5902 ;  Comp.  3327p.) 

Constitutional;  confers  upon  judges  judicial  and  not  administrative  power  to  sum- 
marily review.  State  v.  Hallowell,  77  Neb.  610  (110  N.  W.  717).  Mandamus  to  compel 
certification  cannot  be  brought  until  three  days  elapse  from  filing  certificate.  State  v. 
Junkin,  87  Neb.  801  (128  N.  W.  630). 

2163  Sec.  225.    Division  of  party— use  of  party  name.— In  case  of  a 
division  of  any  party,  the  secretary  of  state  shall  give  the  preference   of 
party  name  to  the  convention  held  at  the  time  and  place  designated  in  the 
call  of  the  regularly  constituted  party  authorities,  and  if  the  other  faction 


ELECTION  LAWS  OF  NEBRASKA  53 

or  factions  shall  present  no  other  party  name,  the  secretary  of  state  shall 
select  a  name  or  title  and  place  the  same  on  the  ballot  before  the  list  of  can- 
didates of  said  faction.  The  action  of  the  preceding  national  convention  of 
such  party,  regularly  called,  shall  determine  the  action  of  the  secretary  of 
state  or  the  court  in  its  decision.  The  secretary  of  state  may  be  compelled 
by  peremptory  order  of  mandamus  proceedings,  to  perform  his  duty  in  this 
regard.  (1907  p.  223;  Ann.  5903;  Comp.  3327q.) 

National  committee,  when  national  convention  is  not  in  session,  decides  which  is  regu- 
lar convention.     State  v.  Wait,   92  Neb.   313    (138  N.  W.   159) 

2164  Sec.  226.     Party  affiliation  of  candidate. — No  person  shall  be  en- 
titled to  or  allowed  to  file  a  nomination  certificate  as  provided  for  in  this 
article,  or  to  have  his  name  placed  upon  a  primary  election  ballot  for  any 
primary  election  to  be  held,  unless  the  political  party  which  he  states  in  said 
affidavit  he  affiliates  with,  polled  at  the  last  election  before  the  primary  elec- 
tion to  be  held,  at  least  one  per  cent  of  the  entire  vote  in  the  state,  county, 
or  subdivision  or  district  in  which  he  seeks  the  nomination  for  office.     (1907 
p.  223;  Ann.  5904;  Comp.  3327r.) 

2165  Sec.  227.     Vacancies — how  filled. — Should  any  person  nominated 
die  before  election,  or  decline  the  nomination,  or  should  a  vacancy  or  vacan- 
cies arise  from  any  cause  before  said  time,  such  vacancy  or  vacancies  shall 
be  filled  by  the  majority  vote  of  the  proper  committee  of  the  same  political 
party.     The  chairman  and  secretary  of  such  campaign  committee  shall  there- 
upon make,  and  file  with  the  proper  officer  a  certificate  setting  forth  the  cause 
and  manner  as  herein  required  to  be  filed  by  the  chairman  and  secretary  of 
convention  shall  make  and  file  with  the  proper  officers  a  certificate  in  form 
such  party  shall  fill  such  vacancy,  and  the  chairman  and  secretary  of  such 
was  nominated,  the  name  of  the  person  for  which  the  new  nominee  is  to  be 
substituted,  the  place  of  residence  of  such  person  so  nominated,  .and,  if  in  a 
city,  the  street  or  number  of  the  residence  or  place  of  business,  together  with 
campaign  or  political  committee  of  such  name,  then  a  mass"  convention  of 
of  the  vacancy,  the  name  of  the  person  so  nominated,  the  office  for  which  he 
to  by  them  before  some  officer  authorized  to  administer  oaths.     If  there  be  no 
the  name  of  the  political  party  with  which  the  party  so  nominated  affiliates 
such  officers  with  the  names  and  places  of  their  residence,  and  severally  sworn 
and  which  said  committee  represents.     Such  certificate  shall  be   signed  by 
tificate    of   nomination    or   the   nomination   statement   provided   for   in   this 
the   campaign  or  party  committee ;  said   certificate   so  made,   executed   and 
days  before  the  election,  have  the  same  force  and  effect  as  the  original  cer- 
sworn  to  in  the  manner  prescribed  herein  shall,  upon  being  filed  at  least  eight 
chapter.     (1905  p.  338.) 

Presidential  electors,  accepting  nomination   from  opposing  party,   create   vacancy,   state 
central  committee  may  fill.     State  v.  Wait,  92  Neb.  313    (138  N.  W.   159). 

2166  Sec.  228.     Nomination  of  candidate  by  convention. — All  nomina- 
tions for  candidates  of  any  political  party  for  office  to  be  filled  at  a  special 
election  or  any  other  office  to  be  filled  by  the  electors,  excepted  from  the  pro- 
visions of  this  article,  shall  be  nominated  by  a  convention  or  committee  of 
their  political  party,  which  nomination  shall  be  in  writing,  shall  contain  .the 
name  of  the  office  for  which  each  person  was  nominated,  the  name  and  resi- 
dence of  each  person  and,  if  in  a  city,  the  street,  number  of  residence,  and 


54  ELECTION  LAWS  OF  NEBRASKA 

place  of  business,  if  any,  and  shall  designate  in  not  more  than  five  words, 
the  party  which  said  convention  or  committee  represents.  It  shall  be  signed 
by  a  presiding  officer  and  the  secretary  of  such  convention  or  committee,  who 
shall  add  to  their  signatures  their  respective  places  of  business  and  take  an 
oath  before  a  qualified  officer  to  administer  the  same,  that  the  affiants  were 
such  officers  at  such  convention  or  committee,  and  that  said  certificate,  and  the 
statements  therein  contained,  are  true  to  the  best  of  their  knowledge  and 
belief.  Such  certificate  of  nomination  of  candidates  for  office  to  be  filled  by 
the  voters  of  the  entire  state,  or  any  division  or  district  greater  than  a  county, 
including  candidates  for  congress,  or  any  party  action  taken  relative  to  any 
proposed  constitutional  amendment,  shall  be  filed  with  the  secretary  of  state, 
except  as  in  this  article  otherwise  provided.  Such  certificate  of  nomination 
for  all  county,  district,  township,  or  precinct  officers,  including  members  of 
both  branches  of  the  legislature,  shall  be  filed  with  the  county  clerk  of  the 
respective  counties  wherein  the  officers  are  to  be  elected,  and  in  case  the 
legislative  districts  from  which  the  candidate  is  to  be  elected  embraces  more 
than  one  county,  then  and  in  that  case  the  certificate  shall  be  filed  with  the 
county  clerk  of  each  county  included  in  such  district ;  certificates  for  nomina- 
tion of  the  judge  of  the  district  court  shall  be  filed  with  the  secretary  of  state ; 
certificates  for  nomination  of  municipal  officers  shall  be  filed  with  the  clerk 
of  such  municipal  corporation  wherein  the  officers  are  to,  be  elected.  It  is  the 
intention  that  the  manner  provided  in  this  section  for  the  nomination  of 
officers  named  herein,  by  a  convention  or  committee,  shall  apply  only  where 
such  officers  are  to  be  chosen  at  a  special  election,  township  or  precinct  officers 
to  be  elected  at  a  general  election  or  village  officers,  or  members  of  school 
boards  not  members  of  boards  of  education.  (1907  p.  220;  Ann.  5899;  Comp. 
3327m.) 

2167  Sec.   229.     Same — when   certificate   filed. — When   nominations   are 
made  by  a  convention  or  committee,  as  provided  for  in  the  next  preceding 
section,  the  certificates  of  nomination  to  be  filed  with  the  secretary  of  state 
shall  be  filed  not  less  than  twenty-five  days  before  the  day  fixed  by  law  for 
the  election  of  the  persons  in  nomination,  and  the  certificate  of  nomination 
herein  directed  to  be  filed  with  the  county  clerk  shall  be  filed  not  less  than 
twenty  days  before  election,  and  the  certificates  of  nomination  herein  directed 
to  be  filed  with  the  municipal  clerk  shall  be  filed  not  less  than  fifteen  days  be- 
fore election.     Certificates  of  nomination  for  a  new  party  may  be  filed  with  the 
secretary  of  state  or  the  county  or  municipal  clerk  twenty-five  or  twenty-  or 
fifteen  days  before  the  election,  as  the  case  may  require.     (1907  p.  221;  Ann. 
5900;  Comp.  3327n.) 

May  organize  after  primaries  and  place  candidates  on  general  election  ballot.     Morris- 
sey  v.  Wait.   92  Neb.   271    (138   N.  W.   186) 

2168  Sec.  230.    New  political  party — how  formed. — In  order  to  form  a 
new  party  there  shall  be  present  at  a  mass  convention  electors  to  the  number 
of  at  least  five  hundred  in  a  state  convention,  one  hundred  in  a  congressional 
district  or  county  convention,  or  twenty-five  in  any  precinct,  city,  village  or 
ward  convention,  except  in  cities  or  counties  having  a  population  of  fifty 
thousand  .or  more,  when  at  least  two  hundred  shall  be  required  to  participate 
(1907  p.  223;  Ann.  5905;  Comp.  3327s.) 

The  five   hundred  who   sign   need   not   be  identical   five   hundred   present   at   convention 
Morrissey  v.  Wait,   92  Neb.   271   (138  N.  W.   186). 


ELECTION  LAWS  OP  NEBRASKA  55 

2169  Sec.  231.     Same — name  of  new  party. — Such  convention  shall  adopt 
a  party  name,  but  the  name  of  any  old  political  party  or  any  word  forming 
any  part  of  such  name  shall  not  be  adopted,  and  electors  at  least  to  the  num- 
ber respectively  above  mentioned,  and  electors  to  at  least  the  number  specified 
in  the  next  preceding  section  shall  sign  an  agreement  to  form  such  new  party 
and  suppprt  its  nominees  at  the  next  election,  and  upon  filing  such  written 
agreement  with  the  secretary  of  state,  county,  city,  or  village  clerk,  as  the  case 
may  be,  together  with  an  affidavit  of  some  qualified  elector  that  he  saw  all  of 
the  persons  whose  names  are  signed  to  such  an  agreement  subscribe  the  same 
and  he  verily  believes  them  all  to  be  qualified  electors.     (1907  p.  223;  Ann. 
5905;  Comp.  3327s.) 

May  organize  after  primaries  and  place  candidates  on  ballot  at  general  election.  Mar- 
rissey  v.  Wait.  92  Neb.  271  (138  N.  W.  186). 

2170  Sec.  232.    Same — primary  ballot  of  new  party. — Such  new  party 
shall  be  entitled  to  have  a  separate  party  ballot  at  the  next  primary  election 
held  thereafter:     Provided,  its  candidates  for  nomination  shall  be  required  to 
file  nomination  papers  signed  by  at  least  fifty  per  cent  of  those  who  sub- 
scribed the  agreement  to  form  such  new  party.    When  the  name  of  a  candi- 
date appears  on  a  petition  presented  by  a  political  party  or  members  thereof 
with  the  required  number  of  signers,  and  it  is  expressly  stated  in  said  peti- 
tion that  the  candidate  is  a  candidate  of  two  or  more  parties,  each  of  which 
shall  be  entitled  to  nominate  a  candidate,  then  it  shall  be  the  duty  of  the 
officer  making  up  the  ballot  to  place  the  name  of  such  candidate  or  candidates 
upon  the  ballot  in  the  same  manner  as  now  provided  for  in  the  general  election 
law  for  balllots  at  the  general  election.     (1907  p.  224;  Ann.  5905;  Comp. 
3327s.) 

2171,  2172,  2173     (Repealed  1915,  p.  53.) 

2174  Sec.  236.  Constitutional  convention  or  amendment — how  submit- 
ted at  primary. — At  the  general  primary  election  next  preceding  any  general 
election  at  which  any  constitutional  amendment,  or  the  question  of  the  calling 
of  a  constitutional  convention,  shall  by  law  be  required  to  be  submitted  to  the 
electors  of  the  state,  it  shall  be  the  duty  of  the  secretary  of  state  at  the  same 
time  that  he  shall  certify  the  names  of  candidates  for  state  officers  to  the 
county  clerks,  likewise  to  certify  to  such  county  clerks  any  such  amendment 
or  amendments,  or  the  question  of  the  calling  of  a  constitutional  convention, 
to  be  submitted  at  the  general  election,  and  it  shall  be  the  duty  of  the  county 
clerks  to  cause  to  be  printed  on  the  prmary  election  ballots  of  all  political 
parties  the  question  of  such  constitutional  amendments,  or  the  question  of  the 
calling  of  a  constitutional  convention,  in  the  same  manner  and  form  as  they 
are  required  to  be  printed  on  the  official  general  election  ballots,  and  each 
elector  may  declare  himself  in  favor  of  or  against  any  such  amendments,  or 
the  question  of  the  calling  of  a  constitutional  convention,  the  same  as  at  such 
general  election.  The  election  boards  in  the  various  precincts  shall  make 
returns  of  the  number  of  votes  in  favor  of  and  against  any  such  amendment, 
or  the  question  of  the  calling  of  a  constitutional  convention,  to  the  county 
clerk  at  the  same  time  and  in  the  same  manner  as  upon  candidates  for  nom- 
ination, and  such  returns  shall  be  canvassed  by  the  county  canvassing  boards 
with  other  returns,  and  the  county  clerks  shall  make  returns  to  the  secretary 
of  state  of  the  votes  upon  such  amendments,  or  the  question  of  the  calling  of 
a  constitutional  convention,  with  the  other  returns  of  this  article.  Such 
returns  shall  be  canvassed  by  the  state  canvassing  board,'  and  if  a  majority 
of  the  electors  of  any  party  voting  upon  such  amendment  shall  declare  in 


56  ELECTION  LAWS  OF  NEBRASKA 

favor  of  or  against  any  such  amendment,  or  the  question  of  the  calling  of  a 
constitutional  convention,  such  declaration  shall  be  considered  as  a  portion 
of  the  ticket  of  such  party  and  shall  be  so  certified  by  him  to  the  various 
county  clerks.  (Laws  1917,  p.  111.) 

2175  Sec.  237.    Judges  and  clerks  of  primary  elections. — All  primary 
elections  provided  for  in  this  article  shall  be  presided  over  by  the  same  judges 
and   clerks   of  election   provided  by  law  to   preside   over  general   elections 
during  the  time  for  which  they  were   so   appointed,   and  said  judges   and 
clerks  shall  receive  for  their  services  at  such  primary  election,  the  same  com- 
pensation as  is  prescribed  by  law  for  judges  and  clerks  of  the  November 
elections.     And  such  judges  and  clerks  shall  be,  in  performing  their  duties  as 
prescribed  by  this  article,  subject  to  the  provisions  of  the  general  election 
laws  in  relation  to  their  several  duties  and  obligations,  and  liable  thereto. 
(1907  p.  209;  Ann.  5876;  Comp.  3326p.) 

2176  Sec.   238.     Ballots, — The   method   of  voting   at   primary   elections 
shall  be  by  ballot,  and  all  ballots  voted  shall  be  printed  as  herein  provided. 
On  the  fourteenth  day  before  the  primary  election,  the  county  clerk,  or  city 
clerk  in  the  case  of  city  elections,  shall  group  the  candidates  for  each  party 
by  themselves,  including  those  candidates  certified  to  him  by  the  secretary  of 
state,  and  shall  prepare  at  once,  in  writing,  a  separate  ballot  for  each  party 
for  public  inspection,  which  he  shall  post  in  a  conspicuous  place  in  his  office, 
these  ballots  to  be  prepared  in  the  following  manner :     The  official  primary 
ballot  shall  be  printed  substantially  as  is  required  by  law  for  official  ballots 
used  at  November  elections,  except  that  names  of  candidates  where  there 
are  more  than  one  candidate  for  the  same  office  shall  be  rotated  and  not 
placed  alphabetically,  but  according  to  the  following  plan:     The  form  shall 
be  set  up  with  the  names  in  the  order  in  which  they  are  placed  upon  the 
sample  ballot  prepared  by  the  county  clerk.     In  printing  the  tickets  for  the 
various  election  districts  the  positions  of  the  names  shall  be  changed  in  each 
office  division  for  each  election  district.     In  making  the  changes  of  position 
the  printer  shall  take  the  line  of  type  at  the  head  of  each  office  division  and 
place  "it  at  the  bottom  of  that  division,  shoving  up  the  column  so  that  the 
name  that  was  second  before  the   change   shall  be   first   after  the   change. 
Sample  ballots  shall  be  printed  in  the  same  way.     There  shall  be  no  printing 
on  the  back  of  the  ballots  and  said  ballots  shall  all  be  uniform  in  size,  color 
and  quality  of  paper  and  in  arrangement  and  style  of  printing  except  as 
above  provided.     (1907  p.  206;  1909  p.  247;  1911  p.  220;  Ann.  5869;  Comp. 
3326i.) 

2177  Sec.  239.     Opening  and  closing  polls. — At  the  primary  elections 
held  under  this  article  for  the  November  election  in  cities  where  registration 
is  required  the  polls  shall  be  opened  at  8  o'clock  A.  M.,  and  closed  at  8  o'clock 
in  the  evening.     In  all  other  places,  and  at  primary  elections  at  all  other  times 
when  a  primary  election  is  held,  polls  shall  be  opened  at  8  o'clock  A.  M.,  and 
remain  open  until  8  o'clock  in  the  evening;  but  if  the  judges  and  clerks 
shall  not  attend  at  the  hour  of  opening,  or  if  it  shall  be  necessary  for  the  elec- 
tors present  to  appoint  judges  or  clerks,  or  any  of  them,  the  polls  may  then 
be  opened  at  any  time  before  the  time  for  closing  them  shall  arrive,  as  the 
case  may  require.     If  at  the  hour  of  closing  there  are  any  electors  in  the  poll- 


ELECTION  LAWS  OF  NEBRASKA  57 

ing  place  or  in  line  at  the  door  desiring  to  vote,  and  who  are  qualified  to  reg- 
ister and  participate  therein,  and  have  not  been  able  to  do  so  since  appearing 
it  the  polling  place,  said  polls  shall  be  kept  open  reasonably  long  enough  after 
the  hour  for  closing  to  allow  those  present  at  that  hour  to  register  and  vote. 
No  one  arriving  after  the  hour  of  8  P.  M.  shall  be  entitled  to  register  and  vote 
because  the  poll  may  not  actually  be  closed  when  he  arrives.  (1907  p.  208; 
L915  p.  100;  Ann.  5874;  Comp.  3326n.) 

2178  Sec.  240.     Ballot  boxes. — The  county  board  shall  provide  a  suffi- 
cient number  of  ballot  boxes  with  a  sufficient  number  of  locks  and  keys,  at 
ihe  expense  of  the  county,  for  the  several  precincts  or  districts  within  which 
the  primary  election  is  to  be  held.     (1907  p.  208;  Ann.  5875;  Comp.  3326o.) 

2179  Sec.  241.     Qualification  of  voters.— Any  qualified  elector  desiring 
to  vote  at  any  primary  election  held  under  the  provisions  of  this  article, 
shall  be  entitled  to  participate  in  such  primary  election  upon  presenting  him- 
self at  the  polling  place  where  he  is  entitled  to  vote,  but  he  shall  not  be 
mtitled  to  receive  a  primary  ballot,  or  be  entitled  to  vote  at  such  primary 
election,  until  he  shall  have  first  stated  to  the  judges  of  said  primary  election 
tvhat  political  party  he  affiliates  with,  except  as  provided  in  the  next  six 
following  sections.     (1907  p.  209;  1909  p.  249;  1911  p.  221;  Ann.  5878;  Comp. 
*326r.) 

Requiring   statement   of   political   affiliation    is   proper.     State    v.    Drexel,    74    Neb.    776 
[105  N.  W.   174.) 

2180  Sec.  242.    Qualifications  of  voters  in  cities  where  registration  of 
voters  is  required. — In  cities  where  registration  is  by  law  required,  no  voter 
shall  receive  a  primary  ballot  or  be  entitled  to  vote  until  he  shall  have  first 
3een  duly  registered  as  a  voter  in  the  manner  provided  by  law:     Provided, 
n  cities  where  registration  is  by  law  required,  no  unregistered  elector  shall 
3e  permitted  to  vote  unless  he  be  a  first  voter,  or  shall  have  moved  into  the 
precinct  since  the  last  preceding  day  of  registration,  and  then  only  upon 
affidavit  made  by  said  voter,  establishing  the  fact  that  he  is  a  first  voter  or 
;hat  he  has  moved  into  the  precinct  since  the  last  preceding  day  of  registra- 
;ion.     (1907  p.  208 ;  1909  p.  249  ;  1911  p.  221 ;  Ann.  5879 ;  Comp.  3326s.) 

2181  Sec.  243.    Unregistered  elector — swearing  in  vote. — In  the  event 
ihat  any  qualified  elector  has  failed  to  register  as  provided  by  the  registra- 
tion laws  of  the  city  in  which  he  resides,  he  shall  not  be  entitled  to  vote  in 
i  primary  election  until  he  has  subscribed  and  sworn  to  an  affidavit  giving 
is  a  reason  why  he  did  not  register;  first,  that  he  was  absent  from  the  city 
HI  all  of  the  registration  days;  or,  second,  that  he  could  not  register  on  any 
3f  the  registration  days  because  of  the  sickness  of  himself  or  members  of  his 
tamily;  or,  third,  that  he  was  otherwise  unavoidably  detained  from  registering 
)n  all  of  the  registration  days.     When  the  third  reason  is  given  the  elector 
shall  set  forth  in  his  affidavit  facts  showing  that  it  was  impossible  for  him 
:o  register  on  any  of  the  registration  days.     (1907  p.  208;  1909  p.  249;  1911 
?.  221  ;  Ann.  5879;  Comp.  3326s.) 

2182  Sec.  244.     Same — affidavit. — The  foregoing  affidavit  shall  be  signed 
by  the  elector  in  the  presence  of  and  be  sworn  to  before  the  city  clerk.     Be- 
fore subscribing  to  the  said  affidavit  the  elector  making  it  shall  be  identified 
by  two  freeholders  residing  in  the  voting  precinct  of  the  elector  making  the 


58  ELECTION  LAWS  OF  NEBRASKA. 

affidavit,  and  said  freeholders  shall  appear  in  person  before  the  city  clerk  to 
make  said  identification.  The  elector  shall  include  in  his  affidavit  the  names 
and  the  city  addresses  of  the  freeholders  who  have  identified  him.  (1907  p. 
208;  1909  p.  249;  1911  p.  222;  Ann.  5879;  Comp.  3326s.) 

2183  Sec.  245.     Same — certificate. — The  city  clerk  shall  deliver  the  affi- 
davit above  provided  for  to  the  person  making  the  same  and  said  affidavit 
shall  be  presented  and  delivered,  by  the  elector,  to  the  board  of  election 
the  precinct  or  ward  in  which  the  elector  resides  at  the  time  the  elector  p 
sents  himelf  to  vote.     No  person  shall  be  permitted  to  vote  in  any  city  whei 
registration  is  by  law  required  who  has  not  been  registered  in  the  manner  pr< 
vided  by  law,  or  who  does  not  comply  with  the  provisions  of  this  and  two  ne: 
preceding  sections  and  present  the  affidavit  as  provided.     Upon  complian< 
with  the  above  provisions  and  the  presentation  of  the  said  affidavit,  an  unreg- 
istered elector  shall  be  entitled  to  receive  a  ballot  of  the  political  party  with 
which  he  affiliates  and  shall  be  entitled  to  cast  the  same.     (1907  p.  208;  1909 
p.  249;  1911  p.  222;  Ann.  5879;  Comp.  3326s.) 

2184  Sec.  246.    Record  of  votes  sworn  in. — The  city,  clerk  shall  keep  a 
record,  similar  in  form  to  the  books  used  by  the  registrars  in  said  city,  in 
which  record  the  city  clerk  shall  enter  the  names  of  all  persons  making  the 
foregoing  affidavits,  and  shall  also  note  in  said  record,  under  proper  head- 
ings,  the   information   concerning   the   person   making   the   affidavit   that   is 
entered  by  the  registrars  at  the  time  a  voter  is  registered,  and  shall  also  note 
in  said  record  the  names  and  the  addresses  of  the  freeholders  who  identified 
the  person  making  the  affidavit.     (1907  p.  208;  1909  p.  249;  1911  p.  222;  Ann. 
5879;  Comp.  3326s.) 

2185  Sec.  247.     Form   of   affidavit.— The   affidavit   above   provided   for 
shall  be  substantially  in  the  following  form: 

"State  of  Nebraska, 
County,  ss- 


"I  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen  of  the  United  States  (or  have  de- 
clared my  intentions  to  become  such),  that  I  have  been  an  inhabitant  of  the  State  of  Ne- 
braska for  the  last  six  months,  and  the  county  of  for  the  last  forty  days,  and  of 

precinct  (or  ward)  for  the  last  ten  days;  that  I  have  attained  the  age  of  twenty-one 

years  to  the  best  of  my  knowledge;   that  politically  I  affiliate  with  the  party  and  I 

intend  to  support  a  majority  of  the  candidates  of  said  party  in  the  coming  election;  that 
I  did  not  register  on  any  of  the  regular  registration  days  for  the  reason  (here  state  the 
grounds  either  that  he  was  absent  from  the  city  on  the  registration  days  or  that  he  was 
sick  or  that  there  was  sickness  in  his  family  on  said  registration  days,  and  that  such  sick- 
ness was  of  such  a  nature  as  to  prevent  his  registration  or  that  he  was  unavoidably  detain- 
ed from  registering,  setting  forth  facts  showing  that  it  was  impossible  for  him  to  register 
on  any  of  said  registration  days)  that  because  of  the  foregoing  I  was  prevented  and  was 
not  permitted  to  register  as  a  voter  in  —  —  precinct  (or  ward);  that  I  have  been  identified 

by  and  (give  full  name  and  city  address)   freeholders  residing  in  the  precinct 

(or  ward)   of  my  residence." 

(1907  p.  208;  1909  p.  249;  1911  p.  223;  Ann.  5879;  Comp.  3326s.) 

2186  Sec.  248.  Registering  party  affiliation  on  registers. — For  the  pur- 
pose of  providing  a  system  of  registration  of  party  affiliation,  it  shall  be  the 
duty  of  the  mayor  and  city  council  of  each  city  wherein  registration  is  requir- 
ed to  provide  in  the  registration  books  used  for  the  purpose  of  registering 
persons  who  are  qualified  to  vote  at  the  next  general  election,  space  for  the 
registering  of  all  persons  who  may  desire  to  participate  in  any  primary  elec- 
tion. Such  space  shall  be  provided  in  said  registration  books  immediately 
following  the  last  perpendicular  rule  column  in  such  books  and  shall  be  headed' 
as  follows:  "Party  affiliation."  It  shall  be  the  duty  of  the  supervisors  of  such 
regular  registrations  to  ask  each  person  who  applies  to  be  registered  the  ques- 


ELECTION  LAWS  OF  NEBRASKA  59 

tion,  "with  what  political  party  do  you  desire  to  affiliate?"  The  name  of  the 
political  party  given  by  such  elector  so  applying  to  be  registered  shall  be  re- 
corded in  the  column  provided  in  such  registration  books  for  that  purpose. 
In  case  any  party  applying  does  not  desire  to  state  his  party  affiliation,  he 
shall  not  be  required  to  do  so  nor  shall  his  failure  to  do  so  act  as  a  bar  to  his 
registration  for  the  purpose  of  voting  at  any  election  other  than  a  primary 
election,  but  shall  debar  him  from  voting  at  any  primary  election.  (1907 
p.  208;  1909  p.  249;  1911  p.  223;  Ann.  5879;  Comp.  3326s.) 

2187  Sec.  249.     Party  affiliation  noted  in  poll  book. — Upon  any  person 
entitled  to  vote  at  the  primary  electiqn  stating  the  name  of  the  political  party 
with  which  he  affiliates,  the  clerks  of  said  primary  election  shall  thereupon, 
after  the  name  of  the  person  voting,  write  the  name  of  such  political  party  in 
the  column  of  the  poll  book  prepared  for  that  purpose.     (1911  p.  227 ;  Ann. 
5881;  Comp.  3326u.) 

2188  Sec.  250.    List  of  voters  by  party  prepared  by  city  clerk. — The 
city  clerk  of  each  city  wherein  a  registration  of  voters  is  required  by  law, 
shall  immediately  after  each  registration  day  compile  an  alphabetical  list  of 
the  voters  of  each  of  the  political  parties  in  each  precinct  in  such  city,  and 
within  five  days  after  each  day  of  registration  he  shall  furnish  to  the  chair- 
man or  secretary  of  each  political  committee  of  his  city  and  county,  a  certified 
copy  of  such  lists,  and  also  keep  a  copy  of  the  same  accessible  to  public  in- 
spection.    He  shall  also,  on  the  day  of  the  primary,  furnish  to  the  officers  of 
the  primary  election  in  each  precinct,  a  certified  copy  of  such  list  for  the 
purpose  of  determining  whether  or  not  any  person  who  desires  to  vote  at 
such  primary  was  registered  at  the  last  registration  as  affiliating  with  the 
party  the  ballot  of  which  he  desires  to  vote  at  such  primary.     (1907  p.  211 
Ann.  5882;  Comp.  3326v.) 

2189  Sec.  251.    Folding  ballots — how. — "When  the  elector  has  prepared 
his  ballot  he  shall  fold  the  same  with  the  edges  upon  which  are  the  signatures 
of  the  judges  uppermost,  and  so  fold  so  as  to  conceal  the  face  thereof  and 
all  marks  thereon,  and  hand  the  same  to  the  judge  of  the  primary  election  who 
is  in  charge  of  the  ballot  box.     (1907  p.  211;  Ann.  5882;  Comp.  3326v.) 

2190  Sec.  252.     Challenge — grounds  for. — The  right  of  any  person  to 
vote  at  a  primary  may  be  challenged  upon  the  same  ground,  and  his  right  to 
vote  be  determined  in  the  same  manner,  as  at  a  general  election.     (1907  p.  212; 
Ann.  5883;  Comp.  3326w.) 

2191  Sec.  253.     Challengers. — The   party   committee   of   each   political 
party  may  appoint,  in  writing,  one  party  agent  or  representative,  with  an 
alternate  for  each,  who  shall  act  as  challengers  for  their  respective  parties  or 
elements  therein.     (1907  p.  212;  Ann.  5883;  Comp.  3326w.) 

2192  Sec.  254.     Challenge  of  voter. — If  the  right  of  such  person  to  vote 
be  challenged,  one  of  the  judges  of  said  election  shall  then  propound  to  such 
person  the  questions  provided  for  by  law  to  be  propounded  to  a  voter  at  a 
general  election  when  challenged,  and  in  addition  thereto  the  judge   shall 
propound  the  following  questions :     1.  What  political  party  do  you  affiliate 
with?     2.  Do  you  intend  to  support  the  candidates  of  such  political  party,  or 
majority  of  them,  at  the  next  election?     If  the  challenge  be  not  then  deter- 
mined in  favor  of  such  person  by  the  judges  of  said  primary  election  and 


60  ELECTION  LAWS  OF  NEBRASKA 

be  not  withdrawn,  he  shall  not  be  allowed  to  vote  until  he  shall  have  taken 
the  following  oath: 

"You  do  solemnly  'swear  (or  affirm)  that  you  are  a  citizen  of  the  United  States  (or 
have  declared  your  intention  to  become  such);  that  you  have  been  an  inhabitant  of  the 

State  of  Nebraska  for  the  last  six  months,   and  of  the  county   of  for   the   last  forty 

days,  and  of  this  precinct  for  the  last  ten  days;  that  you  have  attained  the  agre  of  twenty- 
one  years,  to  the  best  <3f  your  knowledge;  that  politically  you  affiliate  with  the  party; 

and   that  you  intend   to  support   a  majority   of  the  candidates   of   said  party   at   the  coming- 
election." 

•  It  shall  be  the  duty  of  the  clerks  of  said  primary  election  to  write  at  the 
end  of  such  person's  name  " sworn."  Said  voter  shall  then  be  allowed  to 
vote  the  ticket  of  the  party  with  which  h#  affiliates.  A  judge  of  such  primary 
election  shall  'instruct  the  voter  that  he  is  to  vote  for  his  choice  for  each  office 
using  only  the  ballot  of  the  party  with  which  he  affiliates,  and  that  he  must 
return  the  ballot  with  the  edges  folded  upon  which  are  the  signatures  of  the 
judges  uppermost.  (1907  p.  210;  1909  p.  250;  1911  p.  225;  Ann.  5880;  Comp. 
3326t.) 

2193  Sec.  255.     Time  allowed  employees  to  vote  at  primary. — Any  per- 
son entitled  to  vote  at  a  primary  election  shall,  on  the  day  of  such  election 
be  entitled  to  absent  himself  from  any  service  or  employment  in  which  he  is 
then  engaged  or  employed  for  a  period  of  two  hours  between  the  time  of 
opening  and  closing  the  polls,  and  such  voter  shall  not,  because  of  so  absenting 
himself,  be  liable  to  any  penalty  nor  shall  any  deduction  be  made,  on  account 
of  such  absence,  from  his  usual  salary  or  wages :     Provided,  however,  applica- 
tion for  such  leave  of  absence  shall  be  made  prior  to  the  day  of  the  primary. 
The  employer  may  specify  the  hours  during  which  the  employee  may  absent 
himself.     (1907  p.  217;  Ann.  5894;  Comp.  3327h.) 

2194  Sec.  256.     Canvass  and  returns  by  precinct  and  county  boards.— 
Canvass  and  returns  of  votes  cast  shall,  except  as  herein  otherwise  provided, 
be  made  in  the  same  manner  and  by  the  same  officers  as  the  canvass  of  general 
elections.     The  party  committeeman  of  the  precinct,  in  a  precinct  canvass, 
the  chairman  or  secretary  of  the  county  committee  in  a  county  canvass,  and 
the  state  committee  in  a  state  canvass,  or  some  duly  appointed  agent  to  repre- 
sent each  party,  shall  be  allowed  to  be  present  and  observe  the  proceedings. 
The  county  canvass  of  the  returns  of  the  primary  shall  be  made  by  the  same 
officers  in  the  manner  provided  by  law  for  the  canvass  of  the  returns  of  gen- 
eral election.     The  canvassers  shall  meet  at  ten  o'clock  A.  M.  on  the  Friday 
following  the  primary  and  canvass  such  returns. 

The  county  canvassing  board  shall,  after  completing  the  canvass  of  the 
votes  cast  at  the  general  primary  within  said  county,  adjourn  until  the  second 
Friday  succeeding  the  primary,  at  which  time  they  shall  reconvene  and  can- 
vass and  make  return  of  the  votes  cast  by  absent  voters  who  are  in  the  mili- 
tary and  naval  service  of  the  United  States  or  of  this  State.  The  canvass  of 
vQtes  cast  at  a  primary  shall  not  be  completed  until  said  canvassing  board 
has  canvassed  and  returned  the  votes  cast  by  the  absent  voters  in  the  military 
and  naval  service  of  the  United  States  or  of  this  State.  Said  canvassing 
board  shall  issue  whatever  additional  abstracts,  or  duplicates,  are  necessary  to 
properly  carry  out  the  provisions  of  the  act  permitting  absent  voters  in  the 
military  and  naval  service  of  the  United  States  to  cast  their  ballots.  Then- 
returns  shall  contain  the  whole  number  of  votes  for  each  candidate  of  each 
political  party,  and  a  duplicate  as  to  each  candidate  of  each  political  party, 
shall  be  delivered  to  the  county  chairman  of  such  party.  The  canvassers 
shall  also  make  an  additional  duplicate  return  in  the  same  form  as  above  pro- 
vided, showing  the  votes  cast  for  each  candidate  and  voted  for  wholly  within 


ELECTION  LAWS  OF  NEBRASKA  «1 

the  limits  of  the  county.  The  county  clerk  shall  send  to  the  secretary  of  state, 
by  registered  mail,  one  complete  copy  of  all  returns  as  to  such  candidates, 
and  he  shall  likewise  send  to  the  chairman  of  the  State  Central  Committee 
of  each  party,  a  duplicate  copy  of  the  terms  last  described  relating  to  such 
candidates  of  each  such  party.  (Laws  1918,  Special  Session,  p.  33.) 

2195  Sec.  257.  State  Canvass.— The  board  of  canvassers  provided  for  by 
law  to  canvass  returns  of  a  general  election,  shall  constitute  the  state  board 
of  canvassers  of  primaries,  and  all  the  provisions  of  law  relating  to  the  can- 
vass of  the  return  of  a  general  election  shall,  as  far  as  applicable,  apply  to 
the  canvass,  return  and  certification  of  the  secretary  of  state  of  such  primary. 
Such  board  shall  meet  at  the  office  of  the  Secretary  of  State  at  ten  o'clock 
A.  M.  on  the  second  Tuesday  succeeding  the  primary.  After  the  state  can- 
vassing board  has  completed  its  canvass  of  the  votes  cast  at  the  general  pri- 
mary it  shall  then  proceed  to  canvass  the  vote  cast  by  absent  electors  who 
are  in  the  military  or  naval  service  of  the  United  States  or  of  this  State.  Said 
canvassing  board  shall  not  make  a  return  until  it  has  canvassed  the  votes 
cast  by  absent  voters  who  are  in  the  military  or  naval  service  of  the  United 
States  or  of  this  State.  (Laws  1918,  Special  Session,  p.  34.) 

2196  Sec.  258.  City  canvass. — The  canvass  of  the  returns  of  a  city  primary 
shall  be  made  by  the  mayor,  the  city  clerk  and  the  treasurer  of  such  city,  any 
two  of  whom  shall  constitute  a  quorum.  Such  board  of  canvassers  shall  meet 
at  11  o  'clock  in  the  forenoon  of  the  second  day  following  the  city  primary  and 
canvass  the  vote  substantially  as  provided  in  the  two  next  preceding  sections. 
They  shall  make  and  certify  duplicate  returns  as  to  the  votes  cast  for  the  can- 
didates and  forthwith  certify  and  file  one  complete  return  with  the  city  clerk. 
(1907  p.  213;  Ann.  5887;  Comp.  3327.) 

2197  Sec.  259.     Recount.— Whenever  the  candidate  for  any  office  under 
the  primary  law  desires  a  recount  of  the  votes  he  shall  within  three  days 
after  the  canvassing  board  has  completed  its  count,  file  with  the  canvassing 
board  an  affidavit  requesting  and  setting  forth  his  reasons  for  requesting  the 
same.     He  shall  also  state  in  said  affidavit  the  names  of  the  other  candidates 
whose  votes  he  desires  recounted.     Upon  filing  such  affidavits  the  canvassing 
board  shall,  within  one  day  thereafter,  proceed  to  recount  the  votes  of  the 
candidates  named  in  the  affidavit  or  affidavits  filed  in  the  above  manner: 
Provided,  no  candidate  shall  be  entitled  to  a  recount  of  the  votes,  by  such 
canvassing  board,  cast  for  any  candidate  when  it  appears  to  said  canvassing 
board  that  the  vote  for  said  candidate  is  sufficiently  large  that  the  recount  of 
the  same  would  not  result  in  the  nomination  of  the  affiant :     Provided,  further, 
this  provision  shall  not  apply  to  the  rights  of  the  affiant  in  seeking  a  recount 
in  court.     (1907  p.  213;  Ann.  5887;  Comp.  3327.) 

Whether    recount    applies    to    any    but    city    primaries,    quaere.     Whedon    v.    Brown,    83 
Neb.   130    (118   N.  W.   1086). 

2198  Sec.  260.     Party  candidates. — The  person  receiving  the   greatest 
number  of  votes  at  a  primary  as  the  candidate  of  a  party  for  an  office  shall 
be  the  candidate  of  that  party  for  such  office,  and  his  name  as  such  candidate 
shall  be  placed  on  the  official  ballot  at  the  following  election.     (1907  p.  213; 
1913  p.  215;  Ann.  5886;  Comp.  3326z.) 

Names  written  in  on  ballots  of  one  party  not  added  to  votes  received  on  regular  ticket. 
State   v.    Sheldon,   80   Neb.    4    (113   N.  W.    802). 

2199.     Sec.  261.     Certificate  of  Nomination.— The  County  Clerk  or  other 
officer  charged  with  duty  of  canvassing  the  result  of  such  primary  shall  within 


62  ELECTION  LAWS  OF  NEBRASKA 

three  days  after  such  result  is  ascertained  mail  by  registered  letter  notice  of 
said  nomination  to  each  candidate  nominated  by  any  party  at  such  primary; 
and  such  candidate  shall  within  ten  days  thereafter  file  his  acceptance  of  such 
nomination  so  received  with  the  proper  officer,  or  his  name  shall  be  omitted 
from  the  official  ballot  as  the  candidate  of  such  party.  As  soon  as  the  state 
canvass  of  a  primary  shall  be  certified  to  him,  the  secretary  of  state  shall  make 
a  certified  statement  of  the  result  of  such  primary  as  to  candidates  for  state 
officers  and  members  of  Congress,  and  any  other  candidates  whose  district 
extends  beyond  the  limits  of  a  single  county,  and  shall  mail  to  the  chairman 
of  the  State  Central  Committee  of  each  party  so  much  of  such  certificate  as 
relates  to  his  party ;  provided,  however,  that  no  certificate  of  nomination  shall 
be  mailed  or  any  notice  given  to  any  candidate  for  office  until  after  the  vote 
cast  by  absent  voters  in  the  military  or  naval  service  of  the  United  States 
or  of  this  State  has  been  canvassed  and  returned.  The  time  of  mailing  or 
giving  the  notices  or  nomination  as  provided  for  in  this  Section  shall  com- 
mence to  run  on  the  date  that  the  canvass  of  the  vote  cast  by  absent  voters  in 
the  military  and  naval  service  of  the  United  States  or  of  this  State  is  com- 
pleted. (Laws  1918,  Special  Session,  p.  34.) 

2200  Sec.  262.    List  of  candidates  prepared  by  secretary  of  state.— Not 
less  than  fourteen  days  before  any  November  election  the  secretary  of  state 
shall  certify  to  the  county  clerk  of  each  county  within  which  any  of  the  elec- 
tors may  vote  for  the  candidates  for  such  offices,  the  name  and  description 
of  each  person  nominated  for  any  such  office  as  specified  in  the  nomination 
papers.     (1907  p.  213;  1913  p.  215;  Ann.  5886;  Comp.  3326z.) 

2201  Sec.  263.     Tie  vote. — In  case  of  a  tie  vote,  the  tie  shall  forthwith 
be  determined  by  lot  of  the  canvassers.     (1907  p.  216;  Ann.  5892;   Comp. 
33271) 

2202  Sec.  264.     Contest  of  primary  election. — Authority  and  jurisdic- 
tion are  hereby  vested  in  the  county  court  and  in  the  judges  thereof  in  vaca- 
tion, to  hear  and  determine  primary  election  contests,  as  to  county,  city  or 
precinct  officers.     "When  any  petition  to  contest  a  primary  election  shall  be 
filed  in  the  office  of  the  clerk  of  the  county  court  within  twenty-four  hours 
after  the  board  of  canvassers  has  made  its  return,  said  petition  shall  forth- 
with be  presented  to  the  judge  thereof,  who  shall  note  thereon  the  day  of 
presentation,  and  shall  note  thereon  the  day  when  he  will  hear  the  same, 
which  shall  not  be  more  than  five  days  thereafter,  and  shall  order  issuance  of 
summons  to  each  defendant  named  in  the  petition.     (1907  p.  216;  Ann.  5892; 
Comp.  3327f.) 

District  court  has  no  original  jurisdiction  of  contest  over  legislative  office.  Whedon 
v.  Brown,  83  Neb.  130  (118  N.  W.  1086.)  Remedy  adequate;  mandamus  will  not  lie  to  com- 
pel board  to  canvass  rejected  ballots.  Crosby  v.  Haverly,  82  Neb.  565  (118  N.  W.  123). 

2203  Sec.  265.     Same — hearing. — Summons  shall  forthwith  issue  to  each 
defendant  named  in  the  petition  and  shall  be  served  in  the  same  manner  as  is 
provided  in  cases  in  civil  action.     The  case  may  be  heard  and  determined  by 
the  county  court  in  term  time,  or  by  the  judge  thereof  in  vacation,  at  any  time 
not   less   than   two    days   after   service    of   process,    and   shall   have   prefer- 
ence in  the  order  of  hearing  to  all  other  cases.     The  petitioner  shall  give  se- 
curity for  costs.     (1907  p.  216;  Ann.  5892;  Comp.  3327f.) 

2204  Sec.  266.     Same — findings — judgment — appeal. — If,  in  the  opinion 
of  the  court  in  which  the  petition  is  filed,  the  grounds  for  contest  alleged  are 


ELECTION  LAWS  OF  NEBRASKA  63 

insufficient  in  law,  the  petition  shall  be  dismissed.  If  the  grounds  alleged  in 
the  petition  are  sufficient,  the  court  shall  proceed  in  a  summary  manner,  and 
may  hear  evidence,  examine  the  returns,  recount  the  ballots,  and  make  such 
orders  and  enter  such  judgments  as  justice  may  require.  The  court  shall 
hear  and  determine  the  case  within  two  weeks  of  the  filing  of  the  petition. 
Immediately  upon  rendering  judgment  in  any  such  contest,  it  shall  be  the 
duty  of  the  county  judge  to  at  once  certify  the  judgment  to  the  county 
clerk,  who  shall  cause  to  be  printed  on  the  official  ballots  the  name  or  nam,es 
of  those  whom  such  county  court  shall  have  so  decided  to  have  been  nom- 
niated  at  such  primary,  and  any  appeal  taken  from  such  judgment  of  the 
county  court  shall  not  act  as  a  supersedas  to  prevent  the  county  clerk  from 
so  doing.  (1907  p.  216;  Ann.  5892;  Comp.  3327f.) 

2205  Sec.  267.     Forms  prepared  by  secretary  of  state. — It  shall  be  the 
duty  of  the  secretary  of  state  and  attorney  general,  on  or  before  July  1st, 
1911,   to  prepare   all  forms  necessary   to   carry   out   the   provisions   of   this 
article,  which  forms  shall  be  substantially  followed  in  all  primaries  held  in 
pursuance  hereof.     Such  forms  shall  be  printed  with  copies  of  this  article 
for  public  use  and  distribution.     (1907  p.  217;  1909  p.  251;  1911  p.  227;  Ann. 
5893;  Comp.  3327g.) 

2206  Sec.  268.    Expenses  of  primary  election— how  paid.— All  ballots, 
blanks  and  other  supplies  to  be  used  at  any  primary,  and  all  expenses  neces- 
sarily incurred  in  the  preparation  for  or  conducting  such  primary  shall  be 
paid  out  of  the  treasury  of  the  city  or  county,  as  the  case  may  be,  in  the  same 
manner,  with  like  effect,  and  by  the  same  officers  as  in  the  case  oi  general 
elections.     (1907  p.  207;  Ann.  5872;  Comp.  33261.) 

2207  Sec.  269.     Political  conventions — delegates. — Each  of  the  various 
political  parties  shall  hold  a  delegate  state  convention  on  the  last  Tuesday  of 
July  of  each  year.     Said  convention  shall  formulate  and  promulgate  a  state 
platform,  shall  select  a  state  central  committee,  and  shall  select  electors  of 
president  and  vice  president,  the  names  of  whom  shall  be  certified  to  the  gov- 
ernor by  the  officers  of  any  such  convention.     No  action  shall  be  taken  by 
said  state  convention  either  for  or  against  any  person  who  is  or  may  be  a 
candidate  for  any  office  that  is  to  be  voted  on  at  the  next  general  election. 
There  shall  be  held  a  delegate  county  convention  in  each  county  prior  to  the 
time  of  holding  the  state  convention  provided  for  in  this  section,  at  which 
convention  the  delegates  to  the  state   convention  and  the  members   of  the 
county  central  committee  shall  be  selected ;  said  convention  shall  tranact  such 
other  business  as  shall  properly  come  before  it:     Provided,  the  delegates  to 
such  state  or  state  and  congressional  conventions  shall  be  apportioned  by  such 
committees  to  the  several  counties  upon  the  vote  cast  at  the  last  election  for 
president  and  vice-president  in  the  respective  counties ;  and,  provided  further, 
each  county  shall  be  entitled  to  at  least  one  delegate  in  such  convention  or 
conventions.     (1917  p.  104.) 

2208  Sec.   270.     Party   committees.— The   state,    congressional,   judicial 
and  legislative  committees  of  the  various  political  parties  shall  be  chosen  in 
such  manner  as  may  be  determined  by  the  state  central  committee  of  each 
respective  party.     County  committees  shall  be  selected  by  the  delegate  county 
convention.     (1907  p.  214;  1909  p.  254;  Ann.  5889;  Comp.  3327b.) 


64  ELECTION  LAWS  OF  NEBRASKA 

ARTICLE  XII. 

NON-PARTISAN    JUDICIARY. 

SECTION  SECTION 

2209.     Judges  —  how    nominated  —  non-parti-       2210.     Ballots    for    primaries — election. 

san.  2211.     Ballots  for  general   election — election 

2209  Sec.  271.  Non  partisan  election— judicial — schools. — The  judges 
of  the  supreme  court  of  the  State  of  Nebraska,  the  judges  of  the  district  court 
and  county  judges,  state  superintendent  of  public  instruction,  county  super- 
intendent and  regents  of  the  State  University,  shall  hereafter  be  nominated, 
regardless  of  the  political  affiliation  in  the  manner  following : 

At  least  ten  days  prior  to  the  date  of  holding  the  general  primary  election 
in  the  State  of  Nebraska,  all  candidates  for  supreme  judge,  for  district  judge, 
and  county  judge,  state  superintendent  of  public  instruction,  county  superin- 
tendents and  regents  of  the  State  University,  shall  file  with  the  officer  whose 
duty  it  is  to  issue  the  certificate  of  election  to  the  aforesaid  officers,  a  state- 
ment of  such  candidate,  in  substantially  the  following  form,  to- wit: 

PETITION  AND  AFFIDAVIT  OF CANDIDATE 

FOR 

STATE  OF  NEBRASKA  } 

COUNTY  OF )  S 

I,  ,  being  first  duly  sworn,  say  that  I  reside  at 

,  in  the  city  of ,  in  the  county 

of ,  in  the  State  of  Nebraska ;  that  I  am  legally  qualified 

to  hold  said  office ;  thatf  I  am  a  candidate  for  the  nomination  for  the  office  of 

to  be  voted  upon  at  the  primary  election  to 

be  held  on  the day  of ,  19 ,  and  I  hereby 

request  that  my  name  be  printed  upon  the  official -primary  ballot  for  the  nom- 
ination at  such  primary  election,  for  the  office  of 

Subscribed  and  sworn  to  before  me  by  the  said this 

day  of ,  19 


And  such  person  if  he  be  a  candidate  for  supreme  judge,  shall,  at  the 
same  time,  file  with  such  statement  a  petition  signed  by  two  thousand  five 
hundred  duly  qualified  voters  of  the  State  of  Nebraska ;  and  if  such  person  be 
a  candidate  for  the  office  of  district  judge,  file  a  petition  signed  by  not  less 
than  five  per  cent  of  the  duly  qualified  voters  residing  within  said  judicial  dis- 
trict ;  and  if  such  person  be  a  candidate  for  the  office  of  county  judge,  he  shall 
file  a  petition  signed  by  not  less  than  ten  per  cent  of  the  duly  qualified  electors 
winthin  said  county;  and  if  such  person  be  a  candidate  for  the  office  of  state 
superintendent  of  public  instruction,  county  superintendent,  or  regent  of  the 
State  University,  he  shall  file  a  petition  signed  by  not  less  than  twenty-five 
qualified  electors  of  the  state,  and  in  case  of  a  candidate  for  county  super- 
intendent, such  signers  shall  reside  in  the  county  where  such  candidate  seeks 
to  be  elected.  The  aforesaid  petitions  shall  be  similar  in  form  to  those  now 
provided  for  in  requesting  candidates  to  run  for  office  by  petition.  All  of  the 
aforesaid  petitions  shall  request  the  candidacy  of  the  person  named  therein 
for  the  office  named  therein.  All  persons  who  are  candidates  for  such  posi- 
tions shall  also  file  with  said  petitions  and  affidavits  a  receipt  for  the  sum  of 
ten  dollars  signed  by  the  county  treasurer  of  the  county  in  which  such  person 
resides,  said  amount  to  be  used  to  help  defray  the  expens  of  said  primary. 


ELECTION  LAWS  OF  NEBRASKA  15 

The  statements,  affidavits,  and  petitions  filed  by  any  such  candidates  shall 
not  in  any  way,  refer  to  or  designate  the  political  affiliation  of  the  candidate. 
(Laws  1917,  p.  113.) 

2210  Sec.  272.  Ballots  for  primaries. — Notwithstanding  any  more  gen- 
eral law  respecting  primary  elections  in  force  in  the  state,  the  official  ballot 
to  be  prepared  and  used  at  such  primary,  when  relating  to  judicial  officers, 
state  superintendent  of  public  instruction,  county  superintendents  and  regents 
of  the  State  University,  shall  simply  place  the  names  of  all  such  candidates 
upon  the  primary  ballot  without  any  political  designation,  circle  or  mark 
whatever ;  and  the  ballot  to  be  used  at  such  primary  shall  be  substantially  in 
the  following  form,  to-wit : 


NON-PARTISAN  BALLOT 

Candidates  for  Supreme  Judge. 


Vote  for  only. 


Candidates  for  District  Judge. 

For Judicial  District. 

Vote  for  only. 


Candidates  for  County  Judge. 

Vote  for  only  one 


Candidate  for  State  Superintendent. 

Vote  for  only  one 


Candidates  for  County  Superintendent. 

Vote  for  only  one 


Candidates  for  Eegents  of  the  State  University. 

Vote  for  only. 


In  all  other  respects  the  paper  ballot  to  be  used  in  such  primary  shall 
be  the  same  as  authorized  by  the  "Australian  Ballot  Law"  of  this  state.  In 
printing  the  aforesaid  ballot,  the  names  shall  not  be  arranged  alphabetically, 
but  shall  be  rotated  according  to  the  following  plan,  to-wit: 

The  form  shall  be  set  up  by  the  printer  with  the  names  in  the  order  in 
which  they  are  placed  on  the  ballot  by  the  county  clerk  on  other  official,  whose 
duty  it  shall  be  to  have  the  ballot  prepared,  and  in  printing  the  ballot  for  the 
various  election  districts  or  precincts,  the  position  of  the  name  in  each  office 
division  shall  be  changed  for  each  election  district  or  precinct.  In  making  the 
change  of  position  the  printer  shall  take  the  line  of  type  containing  the  name 
at  the  head  of  the  form  in  such  office  division,  and  for  each  election  district  or 


66  ELECTION  LAWS  OF  NEBRASKA 

precinct,  and  place  it  at  the  bottom,  shoving  up  the  column  so  that  the  name 
in  each  office  division  for  each  election  district  or  precinct  that  was  second 
before  the  change  shall  be  first  after  the  change. 

It  shall  be  the  duty  of  the  election  boards  in  the  various  election  districts 
and  precincts  in  the  State  of  Nebraska,  to  deliver  one  of  the  aforesaid  ballots 
to  each  qualified  elector  along  with  the  regular  primary  official  ballot,  when 
said  elector  presents  himself  to  vote  at  said  primary  election.  After  receiv- 
ing such  ballot  from  the  election  officials  endorsed  as  by  law  provided,  the 
voters  shall  mark  and  cast  such  ballot.  The  general  laws  of  this  state  relating 
to  the  assistance  o£  voters  marking  said  ballots  and  the  canvassing  of  the 
same,  declaring  the  result,  and  certifying  said  results  to  the  proper  officials 
shall  apply ;  that  is,  the  general  primary  laws  of  the  state,  except  in  so  far  as 
the  same  have  been  modified  and  changed  by  the  provisions  of  this  act  shall 
govern  and  control.  (Laws  1917,  p.  114.) 

2211  Sec.  273.  Ballots  for  general  elections. — After  said  primary  elec- 
tion, held  as  aforesaid,  the  county  clerk  or  other  official  whose  duty  it  is  to  pre- 
pare the  official  ballot  for  the  general  election  to  be  held  in  this  state,  shall 
prepare  a  separate  ballot  similar  and  substantially  in  the  same  general  form 
and  the  names  rotated  on  said  ballot  as  hereinbefore  provided  for  in  this  act 
for  the  nomination  of  judicial  officers,  state  superintendent  of  public  instruc- 
tion, county  superintendents  and  regents  of  the  State  University,  at  the  pri- 
mary election;  and  said  county  clerk  or  other  official  shall  place  on  said  sep- 
arate ballot,  in  each  office  division,  twice  as  many  names  as  there  are  places 
to  be  filled  at  the  said  general  election.  Said  names  shall  be  the  names  of 
the  persons  who  received  the  highest  number  of  votes  for  the  office  for  which 
they  were  candidates  in  the  primary.  If  more  than  one  person  was  a  can- 
didate for  the  same  position  in  the  primary  and  the  county  clerk  or  other 
official,  in  preparing  the  separate  official  ballot  for  the  general  election,  shall 
place  thereon  the  names  of  the  two  persons  who  received  the  highest  number 
of  votes  in  said  primary  for  the  position  for  which  they  were  candidates,  but 
in  no  event  shall  the  names  of  the  official  ballot  in  each  office  division  be  more 
than  twice  the  number  of  offices  to  be  filled  at  the  said  general  election.  The 
candidate  or  candidates  receiving  the  highest  number  of  votes  at  said  general 
election  shall  be  declared  duly  elected  to  the  office  or  offices  for  which  they 
were  candidates.  In  all  other  respects  the  general  laws  in  force  in  this  state 
respecting  the  holding,  conducting  and  declaring  the  results  of  any  such  gen- 
eral election  shall  apply  so  far  as  the  same  are  applicable  and  not  inconsistent 
with  the  provisions  of  this  act.  (Laws  1917,  p.  116.) 


ELECTION  LAWS  OF  NEBRASKA 


67 


ARTICLE  XIII. 

REGISTRATION    OF    VOTERS    IN    CITIES    OF    OVER    40,000    AND    LESS    THAN    100,000 

INHABITANTS. 


SECTION. 

1.  Supervisor  of   registration. 

2.  Register   cards. 

3.  Supplies  for  supervisors  of  registration. 

4.  Registration  of  voters. 

5.  Method   of   registration. 

6.  Who   may  register. 


SECTION. 

8.  Registration    as    in    two    precincts    pro- 

hibited. 

9.  List   of   voters — supervisors   prepare. 

10.  Precinct   defined. 

11.  Deputy  supervisor  of  registration. 

12.  Cost — expenses. 


7.     Removal   of  voters — correct  register. 

Sec.  1.  Supervisor  of  Registration. — That  the  office  of  Supervisor  of 
Registration  be  and  the  same  hereby  is  created  in  all  cities  of  the  first  class 
having  a  population  of  more  than  forty  thousand  and  less  than  one  hundred 
thousand,  except  in  counties  having  a  population  of  one  hundred  fifty  thous- 
and or  over.  The  city  clerk  of  every  such  city  is  hereby  constituted,  ex  officio, 
Supervisor  of  Registration  of  such  city,  and  all  applicants  for  registration 
therein  shall  present  themselves  at  the  office  of  such  Supervisor  of  Registra- 
tion for  the  purpose  of  registering  as  by  this  act  provided.  (1915  p.  382.) 

Sec.  2.  Register  Cards. — It  shall  be  the  duty  of  the  Supervisor  of  Reg- 
istration to  cause  to  be  prepared  cards  and  records  for  the  registration  of 
names  and  facts  required  by  this  act.  Said  cards  shall  be  known  by  the  gen- 
eral name  of  registers,  and  be  so  arranged  as  to  admit  of  the  entering  thereon 
of  all  the  facts  and  information  required  by  this  act,  and  shall  be  ruled  and 
printed  in  substantially  the  following  form,  to-wit: 

VOTER'S    REGISTER 
Name Ward       Prec't       Sworn 

Residence     (1) (1) - - 

Removal 

191    to    (2) (2) , 

Removal 

191    to    (3) (3) _ 

Removal 

191    to    (4) : (4) ,. 

Age Naturalized     

Color Declared    Intention    

Party   Affiliation    Court    

Nativity Date    of    Papers 

Term  of  residence  preceding  next  succeeding  election: 

Precinct  City  County  State 

(1)  (2)  (3)  (4) 

State   of  Nebraska,  l^o 

CountyPb 

I,  the  undersigned,  being  first  duly  sworn  (or  affirmed)  state  that  the  statements  h.ere- 

in  contained  are  true  and  correct,  and  that  I  am  an  elector  of  the  city  of , 

Nebraska,  or  will  be  an  elector  of  said  city  at  the  next  succeeding  election  to  be  held  therein. 

(Signature) 

k        Subscribed  in  my  presence  and  sworn  to   (or  affirmed)   before  me  this 
y   of ,. 19 
Supervisor    of    Registration. 
By     Deputy 


68  ELECTION  LAWS  OF  NEBRASKA 

Sec.  3.  Supplies  for  supervisor. — The  mayor  and  council  shall  provide 
for  the  use  of  the  Supervisor  of  Registration,  all  the  necessary  cards,  blanks, 
books,  stationery,  etc.,  necessary  for  carrying  out  the  provisions  of  this  act, 
and  shall  also  provide  for  said  supervisor  a  suitable  cabinet  or  filing  case 
which  shall  contain  a  compartment  or  drawer  for  each  voting  precinct  of  the 
city,  and  said  supervisor  shall  file  the  registration  cards,  when  filled  out  and 
executed  as  by  this  act  provided,  in  such  drawers  or  compartments,  each  pre- 
cinct separately  and  in  alphabetical  order,  and  such  registration  cards,  when 
so  filled  out  and  executed,  shall  constitute  the  official  registers  of  such  city. 
(1915  p.  383.) 

Sec.  4.  Registration  of  voters. — The  registers  shall  be  open  for  the  pur- 
pose of  registering  voters  at  all  times  during  office  hours,  Sundays  and  Holi- 
days except ed,  up  to  ten  days  before  any  election,  at  which  time  said  registers 
shall  be  closed  until  after  such  election.  Provided,  that  during  the  last  week 
prior  to  the  closing  of  the  registers  preceding  any  election,  the  office  of  the 
Supervisor  of  Registration  shall  be  kept  open  in  the  evenings  from  the  hours 
of  7:00  P.  M.  to  9:00  P.  M.  for  the  purpose  of  allowing  applicants  for  regis- 
tration an  opportunity  to  be  registered. 

The  first  registration  under  the  provisions  of  this  act  shall  be  opened  and 
begin  on  August  1,  1915,  and  shall  remain  in  force  and  effect  until  May  1, 
1920,  except  during  ten  days  preceding  any  election  held  within  said  time. 
The  second  registration  shall  begin  on  May  1,  1920,  and  a  new  registration 
shall  begin  on  the  first  day  of  May  every  four  years  thereafter.  If  a  voter  is 
registered,  he  shall  not  be  required  to  again  register  during  the  period  that  the 
registration  at  which  he  is  registered  is  in  force,  unless  he  change  his  residence 
in  the  city,  but  may  do  so  if  he  desires  to  change  his  party  affiliation,  in  which 
event  the  Supervisor  of  Registration  shall  prepare  a  new  card  for  the  appli- 
cant in  the  same  manner  as  an  original  registration.  If  a  voter  is  registered 
and  changes  his  residence  within  the  city  he  must,  in  order  to  vote  at  succeed- 
ing elections,  present  himself  at  the  office  of  the  Supervisor  of  Registration 
and  have  his  registration  card  corrected  with  respect  to  residence,  as  herein 
provided,  at  least  ten  days  prior  to  any  election  at  which  he  desires  to  vote. 
At  the  end  of  any  registration  period,  as  provided  in  this  paragraph,  all  vot- 
ers shall  be  required  to  re-register,  as  in  the  first  instance,  before  voting  at 
any  election.  (1915  p.  384.) 

Sec.  5.  Method  of  registering. — The  Supervisor  of  Registration  shall 
receive  the  application  for  registration  of  such  legal  voters  of  the  city  as  then 
are,  or  on  succeeding  election  will  be,  entitled  to  vote  who  shall  personally 
present  themselves  for  registration,  and  such  only.  He  shall  then  examine 
the  applicant  as  to  his  qualifications  as  an  elector,  and  shall  immediately  in 
the  presence  of  the  applicant  enter  on  the  registers,  as  provided  by  this  act 
the  statements  and  facts  herein  provided,  in  the  following  manner: 

a.  On  the  first  line  of  said  card,  opposite  the  word  "Name,"  the  full 
surname  and  Christian  name  of  the  applicant. 

b.  On  the  second  line,  opposite  the  word  "Residence"   (1),"  the  name 
and  number  of  the  street,  avenue  or  other  location  of  the  dwelling,-  if  there  be 
a  number,  but  if  there  shall  not  be  a  number,  then  such  clear  and  definite  de- 
scription of  the  location  of  such  dwelling  as  shall  enable  it  to  be  readily 


ELECTION  LAWS  OF  NEBRASKA  69 

found ;  and  if  there  be  more  than  one  family  residing  in  the  dwelling  named 
by  the  applicant,  in  such  case  said  applicant  shall  give  the  floor  on  which 
he  resides  (every  floor  below  the  level  of  the  ground  being  designated  as  the 
basement,  the  first  floor  on  or  above  the  level,  the  first  floor,  and  each  floor 
above  that  as  second  or  such  other  floor  as  it  may  be),  or  the  number  or  lo- 
cation of  the  room  or  rooms  occupied  by  the  applicant. 

c.  Lines  (2),  (3)  and  (4),  marked  "Removal.... 19 to,"  shall 

be  left  blank  at  the  time  of  registration,  as  shall  also  the  blank  spaces  oppo- 
site the  numbers  "2,"  "3"  and  "4"  in  the  upper  right  hand  corner  of  the 
card,  and  under  the  subdivision  "precinct"  also.     These  blank  spaces  to  be 
used  later  as  removals,  if  any,  are  made  by  the  voter. 

d.  Opposite  the  word  "Age,"  the  age  of  applicant  at  last  birthday,  as 
stated  by  him. 

e.  Opposite  the  word  "Color,"  the  word  "White"  or  "Black"  as  the 
case  may  be. 

f.  Opposite   the  word   "Party   Affiliation,"   the   name   of  the   political 
party  with  which  the  applicant  states  he  affiliates. 

g.  Opposite  the  word  "Nativity,"  the  state,  country,  kingdom,  empire 
or  dominion,  as  the  fact  shall  be  stated  by  the  applicant. 

h.  Opposite  the  word  "Naturalized,"  the  word  "Yes"  or  "No,"  as  the 
fact  may  be  stated. 

i.  Opposite  the  words,  "Declared  Intention,"  the  word  "Yes,"  if  the 
applicant  has  declared  his  intention  and  has  not  yet  been  admitted  to  citizen- 
ship. 

j.  Opposite  the  word  "Court,"  the  name  and  location  of  the  court  out 
of  which  papers  (either  certificate  of  naturalization  or  declaration  of  inten- 
tion) issued. 

k.  Opposite  the  words  "Date  of  Papers,"  the  date  of  the  certificate  of 
naturalization  or  declaration  of  intention,  as  the  case  may  be,  as  same  shall 
appear  by  the  evidence  submitted  or  presented  by  applicant  in  compliance 
with  the  requirements  of  this  act.  The  Supervisor  of  Registration  may  re- 
quire applicants  to  submit  proof  of  the  issuance  of  certificate  of  naturaliza- 
tion or  declaration  of  intention. 

1.  Under  the  subdivisions  of  the  general  heading  "Term  of  Residence, 
etc.,"  the  period  by  days,  months  or  years  stated  by  applicant  in  response  to 
inquiries  made  for  the  purpose  of  ascertaining  his  qualifications,  and  making 
the  proper  entry. 

The  applicant  must  sign  the  statement  of  facts  so  entered  on  said  card 
and  swear  (or  affirm)  before  said  Supervisor  of  Registration  that  the  state- 
ments made  are  true,  and  that  he  is  an  elector,  or  will  be  an  elector  at  the 
next  succeeding  election  to  be  held  in  such  city.  The  Supervisor  of  Registra- 
tion is  hereby  empowered  and  authorized  to  administer  all  oaths  or  affirma- 
tions as  by  this  act  provided. 

At  the  time  of  entering  the  facts  and  information  on  said  registration 
of  the  applicant  upon  an  alphabetical  register,  the  Supervisor  of  Registration 
card,  the  Supervisor  of  Registration  shall  also  enter  .the  name  and  residence 
to  keep  a  separate  register  book  for  each  voting  precinct  of  the  city  for  such 
purpose.  (1915  p.  385.) 


70  ELECTION  LAWS  OF  NEBRASKA 

Sec.  6.  Who  may  register. — Any  person  who  is  a  qualified  voter  in  any 
such  city  may  challenge  and  contest  the  right  of  any  person  to  be  registered 
or  may  require  the  name  of  any  registered  person  to  be  marked  for  challenge, 
and  shall  be  entitled  to  be  heard  by  the  Supervisor  of  Registration  in  relation 
to  the  correctness  of  or  additions  to  such  registers.  Upon  any  such  challenge 
and  application  to  be  heard,  the  Supervisor  of  Registration  shall  set  a  date 
for  such  hearing  as  early  as  may  be  and  before  ten  days  prior  to  the  next 
ensuing  election,  and  shall  give  such  person  so  registered  and  challenged 
actual  notice  of  such  hearing,  by  registered  letter  a  sufficient  time  before 
such  hearing  to  enable  such  person  challenged  to  be  present  thereat.  Any 
person  may  be  challenged  either  at  the  time  of  registering  or  after  register- 
ing, and  the  Supervisor  of  Registration  shall  administer  to  any  person  so  chal- 
lenged the  oath  or  oaths  provided  by  law  to  test  the  qualifications  of  chal- 
lenged voters,  and  shall  also  administer  to  any  elector  who  may  be  offered 
as  a  witness  to  prove  the  qualifications  of  any  person  claiming  the  right  to 
be  registered  the  following  oath: 

"You  do  solemnly  swear  (or  affirm)   that  you  are  a  voter  in  the  city  of ; 

that  you  will  fully  and  truly  answer  all  such  questions  as  shall  be  put  to  you  touching  the 
place  of  residence  and  other  qualifications  as  a  voter  of  (name  of  applicant)  now  claiming- 
the  right  to  be  registered  as  a  voter  in  precinct of  the Ward." 

Said  Supervisor  of  Registration  shall  then  proceed  to  examine  such  wit- 
ness or  witnesses  and  such  applicant  or  registered  voter  challenged,  and  from 
the  evidence  deduced  shall  determine  the  eligibility  of  such  person  for  reg- 
istration. (1915  p.  386.) 

Sec.  7.  Removal  of  voter — correct  register. — Any  person  whose  name 
appears  upon  the  registers  as  a  qualified  voter  and  who  shall  have  removed 
from  the  dwelling  place  under  which  his  name  shall,  as  a  resident,  be  borne 
upon  the  registers,  shall  personally  appear  before  the  Supervisor  of  Regis- 
tration and  have  his  registration  corrected,  and  shall  swear  (or  affirm)  before 
said  supervisor  that  the  statements  made  by  him  with  reference  to  his  re- 
moval are  true  and  correct.  Said  supervisor  shall  then  draw  a  line  through 
the  " Residence "  of  applicant  as  the  same  appears  upon  line  (1)  on  the  regis- 
tration card,  and  also  through  the  figures  representing  the  precinct  and  ward 
in  the  upper  right  hand  corner  of  said  card;  shall  enter  the  corrected  resi- 
dence on  line  (2)  together  with  the  date  of  the  application  for  correction,  and 
shall  also  correct  the  precinct  and  ward  in  which  the  voter  resides,  the  length 
of  time  he  has  resided  in  said  precinct,  as  provided  in  the  blank  space  below 
the  figure  "2"  under  the  subdivision  " Precinct ;';  shall  indicate  whether  or 
not  the  applicant  was  sworn  by  writing  the  word  "Yes"  or  "No"  in  the 
blank  space  provided  following  the  figure  "2"  in  the  upper  right  hand  cor- 
ner of  said  card.  The  Supervisor  of  Registration  shall  then  place  the  card  in 
the  proper  drawer  and  make  the  proper  entry  upon  the  alphabetical  book 
register  required  to  be  kept  for  each  precinct,  by  running  a  line  through  the 
name  and  residence  where  it  formerly  appeared  and  entering  it  anew.  If, 
however,  the  removal  has  been  within  the  boundaries  of  the  same  precinct  the 
name  need  not  be  stricken  from  the  alphabetical  register,  but  in  such  case 
the  residence,  as  there  appearing,  shall  be  stricken  out  and  the  corrected 
residence  be  written  above  it  with  red  ink.  In  case  the  voter  again  changes 
his  residence,  the  change  shall  be  made  in  the  same  manner  on  the  card  to 


ELECTION  LAWS  OF  NEBRASKA  71 

number  3,  and  if  the  voter  again  moves,  the  change  shall,  in  like  manner,  be 
made  to  number  4  on  said  card.  If  more  than  four  removals  are  made  by  the 
same  person,  the  supervisor  shall  substitute  a  new  card.  (1915  p.  387.) 

Sec.  8.  Registration  as  in  two  precincts  prohibited. — No  person  who  is 
registered  as  residing  in  one  election  precinct  in  any  such  city  shall  be  reg- 
istered as  residing  in  any  other  precinct  while  the  prior  registration  remains 
uncorrected.  (1915  p.  388.) 

Sec.  9.  List  of  voter — supervisor  prepare. — During  the  ten  days  pre- 
ceding any  election  the  Supervisor  of  Registration  shall  make  from  the  reg- 
isters three  typewritten  lists,  alphabetically  arranged,  showing  the  name,  resi- 
dence, age,  color  and  party  affiliation  of  each  registered  voter  in  each  pre- 
cinct. Said  lists  shall  contain  one  blank  column  headed  "  Voted 

l!) ,"  and  the  names  on  said  lists  shall  be  numbered,  commencing  with 

number  1  on  each  page.  The  Supervisor  of  Registration  shall  attach  his  cer- 
tificate to. each  list,  certifying  that  it  contains  a  true  and  correct  copy  of  the 
names  of  all  the  registered  voters  appearing  upon  the  registers  for  each  pre- 
cinct, and  shall  send  to  each  precinct,  for  the  use  of  the  election  officials, 
the  typewritten  copies  for  that  precinct.  Such  lists  shall  be  in  substantially 
the  lollowing  form: 

Party         Voted 
No.  Name  Residence  Age  Color  Aff'n  19 


(1915  p.  388.) 

Sec.  10.  Precinct  Defined. — The  term  precinct,  as  used  in  this  act,  shall 
be  construed  to  mean  and  include  any  precinct,  ward  or  other  division  of 
territory  in  any  city  governed  by  this  act,  created,  designated  and  made  by 
ordinance  for  election  purposes.  (1915  p.  389.) 

Sec.  11.  Deputy  supervisor. — The  Deputy  city  clerk  of  any  such  city 
is  hereby  made  ex-officio  Deputy  Supervisor  of  Registration  and  shall  have 
the  same  powers  as  the  Supervisor  of  Registration  under  this  act.  (1915  p. 
389.) 

Sec.  12.  Costs — expenses. — The  costs  and  expense  of  all  registers,  blanks, 
books,  stationery,  additional  help,  and  all  supplies  of  all  kind  and  nature 
necessary  to  carry  out  the  provisions  of  this  act,  shall  be  paid  out  of  the  funds 
of  such  city.  (1915  p.  389.) 

2212  to  2241     (Repealed  1915,  p.  382.) 


72 


ELECTION  LAWS  OF  NEBRASKA 


ARTICLE  XIV 


REGISTRATION    OF    VOTERS    IN    CITIES    OF    LESS    THAN    25,000    AND    MORE    THAN 

7,000  INHABITANTS. 


SECTION 

2241.  Registration  required  in  cities  of  7,000 

to    25,000    inhabitants. 

2242.  Time   and    place   for   registration. 

2243.  Board  of  registration — appointment. 

2244.  Same — qualifications. 

2245.  Same — certificate      of      appointment — 

oath — organization. 
2U46.     Vacancy. 

2247.  Compensation   of   supervisors. 

2248.  Expense  of  registration   paid   by  city. 

2249.  No  extra  pay  allowed  city  clerk. 

2250.  Supervisors  exempt  from  jury  service. 

2251.  Supervisors    excused —  when  —  exami- 

nation. 

2252.  Penalty  for  failure  to  serve  on  board. 

2253.  Books  and  blanks. 

2254.  Registration  books. 

2255.  Time  of  meeting  of  board. 


SECTION 

2256.  Registering  voter — oath. 

2257.  Same — examination. 

2258.  Appeal    to    full    board  "by    disqualified 

voter. 

2259.  Challenging  right  to  register. 

2260.  Same — notice  of  hearing. 

2261.  Same — hearing. 

2262.  Same — attendance  of  witnesses. 

2263.  Challenger  for  political  parties. 

2264.  Removal  or  death  of  voter. 

2265.  List  of  voters  registered — post  up. 

2266.  List  of  persons  registered  to  be  deliv- 

ered to  election   boards. 

2267.  Records  kept  open  for  inspection. 

2268.  Revision    of    registration    for    special 

•election. 

2269.  Preserving  order. 

2270.  "Precinct"  defined. 


2241  Sec.  303.    Registration  required  in  cities  of  7,000  to  25,000  inhabi- 
tants.— In  all  cites  in  this  state  having  more  than  seven  thousand  and  less 
than  twenty-five  thousand  inhabitants  as  shown  by  census  there  shall  be  held 
in  the  month  of  November  in  the  year  1903,  a  general  registration  of  all 
voters  of  said  cities,  and  thereafter  only  a  revision  of  registration  of  such 
voters  shall  be  held  previous  to  each  election,  as  provided  for  in  this  article. 
Provided,  that  prior  to  the  municipal  election  to  be  held  in  cities  of  this  class 
in  the  spring  of  the  year  1916  there  shall  be  a  general  re-registration  of  all 
electors  of  said  cities  in  which  all  legal  voters  shall  register,  and  thereafter 
there  shall  be  a  general  registration  of  all  voters  of  said  cities  every  six  years. 
(1903  p.  376;  1915  p.  104;  Ann.  8685;  Comp.  4903.) 

2242  Sec.    304.     Time   and   place   for  registration. — Such   registration 
and  revision  of  registration  shall  be  held  at  the  office  of  the  city  clerk  and 
shall  commence  on  the  first  Monday  of  the  calendar  month  next  preceding  the  month 
In  which  each  and  every  election,  except  school  district  elections,  shall  be  held,  and 
shall  end  on  the  Saturday  next  preceding  such  election.     On  each  and  every  election 
day  such  boards  of  registration  shall  be  in  session  during  all  the  time  the  polls  are 
open  on  any  election  day:     Provided,  in    the  years  in  which  a  preferential  vote  is  had 
for  president  and  vice-president  of  the  United  States,  such  primary  election  day  shall 
be  the  first  day  of  registration.     (1903  p.  376;   Ann.  8685;   Comp.  4903.) 

2243  Sec.  305.    Board  of  registration — appointment. — At  the  first  reg- 
ular meeting  of  the  city  council  in  the  month  of  August,  1914,  in  all  cities 
governed  by  this  article,  the  council  shall  elect  one  member  of  the  board  of  supervis- 
ors of  registration  of  said  city  for  the  term  of  two  years,  and  one  member  for  the  term 
of  four  years,  and  every  two  years  thereafter;  at  the  first  regular  meeting  of  the  city 
council  in  the  month  of  August,  one  member  shall  be<  elected  for  a  term  of  four  years. 
which  term  shall  commence  on  the  first  day  of   September  following   such   election. 
The  two  supervisors  so  elected,  together  with  the  city  clerk  of  said  city,  who  shall  be 
ex  officio  member  of  said  board,  shall  be  and  constitute  the  board  of  registration  for 
said  city.     (1903  p.  374;  1913  p.  385.  Ann.  8680;   Comp.  4898.) 


ELECTION  LAWS  OF  NEBRASKA  73 

2244  Sec.  306.     Same — Qualifications. — Persons  so  elected  as  such  su- 
pervisors of  registration  shall  be : 

First — Citizens  of  the  United  States,  and  of  the  State  of  Nebraska; 

Second — residents  of,  and  qualified  voters  in,  the  city  for  which  he  is 
chosen ; 

Third — persons  who  are  not  candidates  for  any  office  to  be  filled  at  the 
election  for  which  such  registration  is  being  had; 

Fourth — members  of  opposite  political  parties;  and  one  shall  be  selected 
from  the  party  polling  the  largest  vote  in  said  city  at  the  next  preceding 
general  election,  and  one  from  the  party  polling  the  next  largest  vote :  Pro- 
vided, in  case  any  two  parties  unite  or  combine  their  vote  at  said  election 
then,  and  in  that  case,  they  shall  be  considered  as  one  political  party  and 
shall  have  but  one  member  of  said  board.  (1903  p.  374;  Ann.  8680;  Comp. 
4898.) 

2245  Sec.  307.    Same — certificate  of  appointment — oath — organization. 
—The  city  clerk  shall  issue  and  deliver  to  each  of  said  supervisors  of  reg- 
istration, so  elected,  a  certificate  of  election,  and  before  entering  upon  the 
duties  of  their  office,  said  supervisors  of  registration  shall  each  take  and 
subscribe  to  an  oath  or  affirmation  that  "they  will  support  the  Constitution 
of  the  United  States,  the  Constitution  of  the  State  of  Nebraska,  and  will 
faithfully  and  impartially  perform  the  duties  of  the  office  of  supervisors  of 
registration  according  to  law  and  to  the  best  of  their  ability."     Said  super- 
visors shall  organize  by  the  selection  of  one  of  their  number  as  chairman  and 
the  city  clerk  shall  be  clerk  of  said  board.     (1903  p.  374;  Ann.  8680;  Comp. 
4898.) 

2246  Sec.  308.     Vacancy. — Whenever  there  shall  exist  a  vacancy  in  the 
office  of  supervisor  of  registration,  the  same  shall  be  filled  by  the  city  council, 
and  the  person  so  appointed  shall  serve  to  the  end  of  the  unexpired  term. 
(1903  p.  375 ;  Ann.  8681 ;  Comp.  4899.) 

2247  Sec.  309.     Compensation  of  supervisors. — The  supervisors  of  reg- 
istration appointed  in  pursuance  of  the  provisions  of  this  article  shall  receive 
for  their  services  the  sum  of  three  dollars  per  day  for  each  day's  service  at 
any  registration,  or  revision  of  registration,  but  shall  not  receive  pay  for 
more  than  five  days'  service  at  any  one  registration,  or  revision  of  registra- 
tion, which  compensation  shal]  be  allowed  and  paid  upon  the  certificate  of  the 
•city  clerk  as  to  time  of  service ;  but  no  payment  shall  be  made  to  any  person 
as  a  supervisor  of  registration  as  aforesaid,  who  has  not  taken  and  subscribed 
the  oath  or  affirmation  herein  required    and  who  has  not  during  the  period 
of  his  service  fully  complied  with  all  the  requirements  of  the  law  in  any  wise 
relating  to  his  duties.     (1903  p.  375;  Ann.  8682;  Comp.  4900.) 

2248  Sec.  310.    Expense  of  resgistration  paid  by  city. — The  legal  com- 
pensation of  all  supervisors  of  registration,  the   costs   and  expenses  of  all 
necessary  notices,  posters,  maps,  advertisements,  registers,  books,  blanks,  sta- 
tionery and  all  supplies  of  any  kind,  necessary  for  the  performance  of  theif 
duties,  shall,  upon  proper  certificates  and  vouchers,  be  paid  out  of  the  gen- 
eral fund  of  said  city  in  the  same  manner  as  by  law  provided  for  the  payment 
of  other  expenses  of  said  city.     (1903  p.  376;  Ann.  8682;  Comp.  4900.) 

2249  Sec.  311.    No  extra  pay  allowed  city  clerk. — No  extra  pay  or  com- 
pensation shall  be  allowed  the  city  clerk  for  his  services  as  supervisor  of 


74  ELECTION  LAWS  OF  NEBRASKA 

registration  or  as  clerk  of  said  board  as  herein  provided,  or  for  any  services 
herein  required  to  be  performed  by  him.  (1903  p.  376;  Ann.  8682;  Comp. 
4900.) 

2250  Sec.  312.    Supervisors  exempt  from  jury  service. — Supervisors  of 
registration  shall  be  exempt  from  jury  duty  during  the  time  they  hold  such 
office.     (1903  p.  376;  Ann.  8682;  Comp.  4900.) 

2251  Sec.    313.    Supervisors    excused — when — examination. — Each    and 
every  person  elected  supervisor  of  registration,  under  the  provisions  of  this 
article,  shall,  within  five  days  after  receiving  notice  thereof  from  the  city  clerk, 
appear  before  the  mayor  of  said  city  for  examination ;  and  if  found  to  possess 
the  required  qualification,  shall,  unless  excused  by  the  mayor  by  reason  of 
sickness  or  some  other  good  and  sufficient  cause,  be  bound  to  serve  as  super- 
visor of  registration  for  the  term  for  which  he  was  elected.     (1903  p.  376; 
Ann.  8683;  Comp.  4901.) 

2252  Sec.  314.     Penalty  for  failure  to  serve  on  board. — Any  one  who  has 
been  elected  supervisor  of  registration,  as  provided  in  this  article,  who  shall 
wilfully  neglect  or  refuse  to  act  as  such  supervisor  of  registration,  or  to  comply 
with  all  the  requirements  of  this  article,  unless  excused  by  the  mayor  as 
aforesaid,  shall  be  fined  in  any  sum  not  less  than  ten  dollars  and  not  more  than 
one  hundred  dollars.     (1903  p.  376;  Ann.  8683;  Comp.  4901.) 

2253  Sec.  315.     Books  and  blanks.— It  shall  be  the  duty  of  the  city  clerk 
of  any  city  governed  by  this  article,  under  the  direction  of  the  mayor  and 
council  of  said  city,  to  prepare  and  furnish  all  necessary  registers,  books, 
maps,  certificates  and  other 'blanks,  and  all  necessary  supplies  for  the  use  of 
said  registration  board,  all  of  which  shall  be  kept  in  the  office  of  the  city 
clerk,  except  as  herein  provided.     (1903  p.  379;  Ann.  8687;  Comp.  4905.) 

2254  Sec.  316.    Registration  books. — It  shall  be  the  duty  of  the  mayor 
and  council  of  any  city"  governed  by  this  article,  which  shall  include  all  por- 
tions of  the  voting  precinct  in  which  said  city  is  situated,  to  cause  to  be  pre- 
pared books  for  the  registration  of  names  and  facts  required  by  this  article. 
Said  books  shall  be  known  by  the  general  name  of  "Registers"  and  shall  be 
so  ruled  in  parallel  columns  and  arranged  as  to  admit  of  the  entering,  opposite 
the  name  of  each  voter,  of  the  street  and  number  or  other  designation  of  place 
of  residence  of  each  voter,  the  name  of  each  voter  who  shall  apply  for  regis- 
tration and  the  facts  as  required  by  this  chapter.     Such  register  or  registers 
shall  be  so  divided  as  to  permit  the  names  of  the  voters  of  each  voting  dis- 
trict to  be  registered  by  themselves,  and  the  part  of  such  register  set  apart 
for  each  voting  district  shall  btf  of  sufficient  size  to  admit  of  the  registration 
of  eight  hundred  names,  and  so  prepared  that  it  may  be  used  at  each  registra- 
tion of  voters,  in  any  city  governed  by  this  article,  for  the  period  of  one  year, 
and,  at  each  revision  of  registration,  had  immediately  prior  to  the  general 
election  held  in  November  of  each  year  as  hereinafter  provided,  new  register 
or  registers  shall  be  prepared  and  the  names  of  all  voters  on  said  registers, 
not  having  been  erased  or  dropped  from  said  registers  as  herein  provided^ 
shall  be  carried  forward  in  the  new  register  by  the  clerk  of  the  said  board. 

Said  registers  shall,  as  near  as  may  be,  on  the  inside,  be  in  the  following 
form,  viz: 


ELECTION  LAWS  OF  NEBRASKA 


75 


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(1903  p.  373;  Ann.  8679;  Comp.  4897.) 

2255  Sec.  317.     Time  of  meeting  of  board.- -On  the  first  day  of  said 
general  registration  and  on  the  first  day  of  any  revision  of  registration  next 
after  the  election  of  any  member  of  the  board  by  the  city  council  as  hereinbe- 
for  provided,  the  board  shall  meet  at  the  office  of  the  city  clerk  and  organize 
by  the  selection  of  one  of  their  number  as  chairman  and  during  the  time  of 
registration  or  revision  of  registration,  as  provided  for  in  this  article,  the  office 
of  the  city  clerk  shall  be  open  each  day  between  the  hours  of  9  A.  M.  and  12  M. 
and  between  the  hours  of  2  and  5  P.  M.,  and  on  each  Saturday  during  said 
registration  or  revision  of  registration,  between  the  hours  of  7  and  9  P.  M.  also, 
for  the  registration  of  voters ;  and  it  shall  be  the  duty  of  the  clerk  of  the  board 
to  be  present  during  such  time  and  to  register  any  person  applying  for  regis- 
tration.    (1903  p.  377;  Ann.  8686;  Comp.  4904.) 

2256  Sec.  318.     Registering  voter — oath. — When  any  person  shall  apply 
for  registration  it  shall  be  the  -duty  of  the  clerk  to  administer  to  the  applicant 
the  following  oath  or  affirmation,  viz: 

"You  do  solemnly  swear  (or  affirm)  that  you  will  fully  and  truly  answer  all  such  ques- 
tions as  shall  be  put  to  you  touching  your  place  of  residence,  name,  place  of  birth,  your  qual- 
ifications as  an  elector  and  your  right  as  such  to  register  and  vote  under  the  laws  of  this 
state." 

Provided,  however,  in  the  absence  of  the  clerk,  the  oath  or  affirmation  may 
be  administered  by  one  of  the  other  members  of  the  board.  (1903  p.  377; 
Ann.  8686;  Comp.  4904.) 

2257  Sec.  319.     Same — examination. — The  applicant  shall  then  be  exam- 
ined as  to  his  qualifications  as  an  elector,  and  in  his  presence  his  answe*  ' 
to  the  questions  propounded  to  him  shall  be  written  down  in  the  registf* 
provided  for  that  purpose  in  the  manner  following,  viz: 

First — Under  the  column  "Residence'.'  shall  be  written  the  name  and 
number  of  the  street,  avenue  or  other  location  of  the  dwelling,  if  there  be  a 
number;  but  if  there  be  no  number,  then  such  clear  and  definite  description 
of  the  location  of  such  dwelling  as  shall  enable  it  to  be,  readily  found ;  and  if 
fhere  be  more  than  one  family  residing  in  the  dwelling  named  by  the  appli- 
cant, in  such  case  the  applicant  shall  give  the  floor  on  which  he  resides  (ev^ry 
floor  below  the  level  of  the  ground  floor  being  designated  as  the  basement  and 
each  floor  above  that  as  the  second  or  such  other  floor  as  it  may  be),  or  the 
number  or  location  of  the  rooms  occupied  by  the  applicant,  and  whether  rear 
or  front  rooms. 

t     Second — Under  the  column  "Name"  the  name  of  the  applicant,  giving 
e  surname  and  Christian  name  in  full. 


76  ELECTION  LAWS  OF  NEBRASKA 

Third— Under  the  column  "Sworn"  the  word  "Yes"  or  "No"  as  the  case 
may  be. 

Fourth — Under  the  column  "Nativity"  the  state,  country,  kingdom,  em- 
pire, or  dominion,  where  the  applicant  was  born. 

Fifth— Under  the  column  "Color"  the  word  "White"  or  "Black"  or 
other  color  as  the  case  may  be. 

Sixth — Under  the  subdivisions  of  the  general  column  of  "Term  of  Resi- 
dence," the  period  by  days,  months  or  years,  which  he  has  resided  in  the  pre- 
cinct, county,  or  state  respectively,  as  stated  by  the  applicant. 

Seventh— Under  the  column  "Naturalized,"  the  word  "Yes"  or  "No"  or 
"Native"  as  the  fact  may  be  stated:  Provided,  however,  that  in  case  the  ap- 
plicant has  not  been  naturalized,  but  has  made  'Declaration  of  his  intention 
to  become  a  citizen  of  the  United  States,"  the  words  "First  Papers"  shall  be 
written  under  said  column. 

Ninth — Under  the  column  "Court"  the  name  or  designation  of  the  court 
in  which  such  naturalization  was  had  or  such  declaration  or  intention  was 
made,  as  the  same  shall  appear  by  the  evidence  presented  or  submitted  by  the 
applicant  in  compliance  with  the  requirements  of  this  article. 

Tenth— Under  the  column  "Qualified  Voter,"  the  word  "Yes"  or  "No" 
as  the  fact  shall  appear,  and  any  person  shall  be  designated  as  "qualified" 
who  will  be  qualified  on  the  day  of  the  election  for  which  registration  is  being 
had,  though  for  non-age  or  lack  of  time  of  residence  he  is  not  qualified  at 
time  or  registering. 

Eleventh — Under  the  column  "Date  of  Registration,"  the  day,  month 
and  year  when  applicant  presented  himself  for  registration. 

Twelfth — Under  column  "Party  Affiliation"  the  name  of  the  political 
party  with  which  the  applicant  affiliates.  (1903  p.  377;  Ann.  8686;  Comp. 
4904.) 

2258  Sec.  320.    Appeal  to  full  board  by  disqualified  voter.— On  the  last 
three  days  of  said  general  registration  and  on  the  last  day  of  any  revision 
of  registration  and  on  each  and  every  day  of  any  election,  except  school 
district  elections,  the  board  of  registration  shall  be  in  session  at  the  clerk's 
office,  and  any  person  feeling  aggreived  at  the  action  of  the  clerk  in  register- 
ing him  as  not  a  qualified  voter,  may  appeal  to  the  full  board,  from  the 
action  of  the  clerk;  and  the  board  shall  hear  such  evidence  as  to  the  qualifi- 
cations of  the  applicant  as  may  be  produced  and  the  board  shall  then  decide 
whether  such  applicant  is  a  qualified  voter  or  not:  Provided,  however,  no 
registration  shall  be  required  to  entitle  any  person  to  vote  at  school  district 
elections  or  elections  held  for  school  purposes  in  any  such  city.     (1903  p. 
379;  Ann.  8686;  Comp.  4904.) 

2259  Sec.  321.    Challenging  right  to  register. — Any  qualified  voter  of 
any  city  governed  by  this  article,  may,  upon  the  date  of  any  registration  or 
revision  of  registration,  challenge  and  contest  the  right  of  any  person  to  be 
registered  to  vote  at  said  election.     (1903  p.  382;  Ann.  8690;  Comp.  4908.) 

2260  Sec.  322.     Same— notice  of  hearing.— It  shall  be  the  duty  of  the 
clerk  of  the  board  of  registration  to  notify  the  person  so  challenged  to  appear 
before  the  board  on  one  of  the  days  when  the  board  is  in  session  as  herein 
provided  for,  (other  than  the  day  of  any  election)  at  a  time  named  in  such 
notice;   and  the  voter  challenging  or  contesting   said  registration  shall  be 


ELECTION  LAWS  OP  NEBRASKA  77 

notified  to  appear  at  the  same  time:  The  notices  shall  be  issued  and  signed 
by  the  clerk  of  the  board  and  shall  be  served  by  the  chief  of  police  or  any 
policeman  of  the  city  without  the  payment  of  any  fee  therefor.  (1903  p. 
382;  Ann.  8690;  Comp.  4908.) 

2261  Sec.  323.     Same — hearing. — A  hearing  shall  be  had  upon  the  chal- 
lenge or  contest  before  the  whole  board  of  registration,  and  the  applicant 
for  registration  may  be  again  sworn  and  examined  and  witnesses  may  be 
sworn  and  examined  on  the  part  of  the  applicant  for  registration  and  on  be- 
half of  the  person  contesting  or  challenging  his  right  to  register,  and  upon 
completion  of  the  hearing,  the  board  shall  by  a  majority  vote  of  the  members 
of  the  board  decide  whether  the  applicant  for  registration  is  a  qualified  voter 
or  not;  and  the  status  of  such  person  as  a  qualified  voter  or  as  being  dis- 
qualified to  vote  at  the  election  shall  be  noted  on  the  registration  books.     (1903 
p.  382;  Ann.  8690;  Comp.  4908.) 

2262  Sec.  324.     Same— attendance  of  witnesses— The  clerk  of  the  board, 
by  virtue  of  his  office  as  city  clerk  and  under  the  seal  of  the  city,  is  hereby 
authorized  to  issue  subpoenas  for  witnesses  on  the  part  or  behalf  of  either 
party,  which  subpoenas  shall  be  served  by  the  chief  of  police  or  any  police- 
man of  said  city  without  the  payment  of  any  fee  therefor.     Any  person  who 
shall  wilfully  fail,  refuse  or  neglect  to  appear  as  commanded  in  said  writ, 
and  any  person  who  shall  appear  before  said  board  and  shall  wilfully  fail  or 
refuse  to  testify,  having  been  tendered  the  same  fees  as  a  witness  as:  provided 
for  witnesses  in  the  police  court  of  said  city,  shall  be  taken  and  deemed  to 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  in  any 
sum  not  less  than  one  and  not  more  than  ten  dollars.     (1903  p.  382;  Ann. 
8690;  Comp.  4908.) 

2263  Sec.  325.    Challenger  for  political  parties, — At  any  registration  or 
revision  of  registration,  in  any  city  governed  by  this  article,  each  political 
party  shall  have  the  right  to  designate  a  challenger  who  shall  be  assigned 
such  position  as  shall  enable  him  to  see  each  person  as  he  offers  to  register 
and  who  shall  be  protected  in  the  discharge  of  his  duties  by  the  supervisors 
and  the  police  officers  of  the  city.     Each  political  party  may  remove  any  chal- 
lenger appointed  by  it,  and  any  vacancies  which  arise  from  any  cause  shall 
be  filled  by  the  same  party,  power  or  authority  that  made  the  original  appoint- 
ment.    (1903  p.  384;  Ann.  8692;  Comp.  4910.). 

2264  Sec.  326.     Removal  or  death  of  voter.— Any  person  who  has  regis- 
tered as  a  qualified  voter  for  any  voting  district  in  any  city  governed  by  this 
article,  who  shall,  at  least  ten  days  prior  to  the  day  of  the  election  next  ensu- 
ing, change  his  place  of  residence  from  said  voting  district  to  another  voting 
district  in  the  city,  or  who  may  desire  to  register  anew  his  party  affiliation, 
may  apply  to  the  clerk  of  the  board,  on  any  day  when  the  registration  books 
are  open  for  the  registration  of  voters  as  herein  provided,  and  register  anew,  in 
the  district  of  his  residence,  and  the  clerk  shall  strike  his  name  from  the  regis- 
tration books  as  previously  registered,  noting  opposite  said  name  the  cause 
of  the  erasure :     Provided,  however,  when  any  person  shall  have  moved  only 
from  one  place  to  another  in  the  same  voting  district,  it  shall  only  be  neces- 
sary to  report  the  same  to  the  clerk  of  the  registration  board,  who  shall,  in 
the  presence  of  said  voter,  change  the  place  of  residence  as  it  appears  on  said 
registration  books  to  correspond  with  the  new  place  of  residence  as  stated 


78  ELECTION  LAWS  OF  NEBRASKA 

by  the  voter.  And  when  it  shall  come  to  the  knowledge  of  the  board  or  the 
clerk  thereof,  that  any  person  whose  name  appears  on  the  registration  books 
as  a  qualified  voter  has  removed  from  the  city  or  is  dead  or,  for  any  cause 
has  ceased  to^be  a  qualified  voter  in  the  district  where  he  is  registered,  his 
name  shall  be  stricken  from  the-  registration  books  and  a  notation  shall  "be 
made  of  the  cause  of  the  erasure  and  how  the  facts  became  known  to  the 
board,  and  in  case  the  person  is  still  a  resident  of  the  same  city,  but 'of  another 
voting  district  thereof,  if  such  fact  is  known  to  the  board,  a  notice  by  postal 
card  shall  be  send  to  him  notifying  him  of  such  erasure  and  the  cause  thereof. 
The  names  of  all  persons  appearing  on  the  registration  books  as  qualified 
voters,  not  having  been  erased  as  above  provided,  shall  be  continued  on  the 
registration  books  at  each  succeeding  revision  thereof.  It  shall  be  the  duty 
of  the  board  to  use  all  proper  care,  to  the  end  that  only  the  names  of  qualified 
voters  shall  be  carried  forward  or  be  allowed  to  remain  on  the  registration 
books  as  qualified  voters  at  each  succeeding  revision  of  registration  of  the 
voters  of  the  city.  (1903  p.  383;  Ann.  8691;  Comp.  4909.) 

2265  Sec.  327.     List  of  voters  registered — post  up. — It  shall  be  the  duty 
of  the  clerk  of  the  board  of  registration,  provided  for  in  this  article,  to  pre- 
pare and  post  up  in  a  conspicuous  place  in  his  office,  on  the  second  Monday 
of  any  registration  or  revision  of  registration,  the  names  of  all  persons  who 
then  appear  on  the  registration  books  as  qualified  voters,  adding  to  the  lists 
on  each  succeeding  Monday  the  names  of  such  as  have  registered  during  the 
preceding  week.     Such  lists  shall  remain  so  posted  up  in  the  office  of  the 
clerk  of  the  board  until  the  close  of  the  polls  of  the  election  for  which  the 
registration  or  revision  of  registration  is  being  had.     (1903  p.  379;  Ann.  8688; 
Comp.  4906.) 

2266  Sec.  328.     List  of  persons  registered  to  be  delivered  to  election 

boards. — It  shall  be  the  duty  of  the  clerk,  after  the  closing  of  the  registration 
on  the  Saturday  next  preceding  any  election,  to  prepare  a  certified  list  of 
the  qualified  voters  of  each  election  district  in  the  city,  as  the  same  appear  on 
the  registration  books  in  his  office,  and  to  deliver  the  same,  or  cause  the  same 
to  be  delivered,  to  the  judges  of  election  of  each  district  at  or  before  the 
time  of  the  opening  of  the  polls  of  said  election.  The  names  of  voters  on  the 
lists  shall  be  arranged,  as  far.  as  may  be,  alphabetically,  or  by  streets  or 
groups,  so  as  to  be  easily  found  thereon.  Such  lists  shall  also  contain  the 
street  and  number,  or  other  designation  of  the  place  of  residence  of  the  voter, 
and  the  color  of  the  voter,  as  such  facts  appear  on  the  original  registration 
books  in  his  office:  A  blank  column  shall  be  left  with  a  heading  at  the  top 
" Voted,"  to  be  filled  up  by  the  judges  of  election  as  provided  by  article  VII. 
(1903  p.  379;  Ann.  8688;  Comp.  4906.) 

2267  Sec.  329.    Records  kept  open  for  inspection. — All  data,  statistics, 
registers  and  records  of  every  kind  and  nature,  which,  under  this  article,  or 
under  any  laws  of  this  state,  or  any  ordinance,  order,  resolution  or  direction 
of  the  mayor  and  council  of  any  such  city  are  or  may  be  required  to  be  made, 
ascertained  or  kept,  by  or  returned  to,  or  filed  with,  the  city  clerk,  shall,  at 
all  times  during  office  hours,  be  open  to  inspection,  examination,  comparison, 
and  copying,  by  any  voter  of  the  city,  free  of  charge.     (1903  p.  384;  Ann. 
8693;  Comp.  4911.) 


ELECTION  LAWS  OF  NEBRASKA  79 

2268  Sec.  330.    Revision  of  registration  for  special  election. — If  at  any 
time  a  special  election  shall  be  held  in  any  cit^  governed  by  the  provisions  of 
this  article,  or  in  any  portion  of  any  such  city,  the  same  revision  of  registra- 
tion shall  be  had  and  made  for  any  such  special  election,  and  in  the  same 
manner  as  if  the  election  were  a  municipal  election,  for  and  throughout  the 
city  and  each  and  every  one  of  the  provisions  of  this  article,  not  inconsistent 
with  the  terms  of  this  section,  shall  apply  with  as  full  force  and  effect  to  any 
such  revisions  of  registration  therefor  as  if  the  some  were  for  a  municipal  elec- 
tion in,  for  and  throughout  the  city.     (1903  p.  384;  Ann.  8694;  Comp.  4912.) 

2269  Sec.   331.     Preserving  order. — The  supervisors   of  registration  in 
any  city  governed  by  this  article,  shall,  while  discharging  any  of  the  duties 
imposed  upon  them,  have  full  power  and  authority  to  preserve  order  and  to 
enforce  obedience  to  their  lawful  commands  at  and  around  the  place  of  any 
registration  during  the  time  of  said  registration;  to  keep  access  to  the  place 
of  registration  open  and  unobstructed  and  to  suppress  any  and  all  disorderly 
conduct  that  may  disturb  the  board  or  any  person  registering  or  seeking  to 
register.     (1903  p.  376;  Ann.  8684;  Comp.  4902.) 

2270  Sec.  332.     "Precinct"  defined.— The  term  "precinct,"  as  used  in 
this  article,  shall  be  construed  to  mean  and  include  any  precinct,  ward  or 
other  division  of  territory  in  any  city  governed  by  this  article,  created  and 
designated,  by  ordinance,  for  election  purposes.     (1903  p.  385;  Ann.  8695; 
Comp.  4913.) 


ARTICLE  XV. 

PRESIDENTIAL,    ELECTORS 

SECTION  SECTION 

2271.  Certificate    of   election    of   presidential       2273.     Casting-  vote  for  president 

electors.  2274.     Compensation  of  electors. 

2272.  Meeting-    of    presidential    electors — va- 

cancies. 

2271  Sec.  333.     Presidential  electors — certificate. — The  certificate  of  ap- 
pointment for  presidential  electors  shall  be  served  on  each  person  appointed 
notifying  him  to  attend  at  the  seat  of  government  at  noon  of  the  Saturday 
preceding  the  second  Monday  of  January  next  after  his  appointment   and 
report  himself  to  the  governor  as  in  attendance,  and  the  governor  shall  at  the 
same  time  designate  and  appoint  one  of  the  electors  so  appointed  for  the  pur- 
pose of  transmitting  the  sealed  lists*  of  persons  voted  for  as  President  and 
Vice-President  to  the  president  of  the  Senate  of  the  United  States.     (Laws 
1917,  p.  105.) 

2272  Sec.  334.    Meeting  of  presidential  electors — vacancies. — The  elect- 
tors  so  attending  shall  meet  at  noon  of  the  said  Saturday,  and  the  governor 
shall  provide  each  of  them  a  list  of  all  the  electors,  and  in  case  of  the  absence 
of  any  elector,  or  if  the  proper  number  of  electors  shall  for  any  cause  be  de- 
ficient, those  present  shall  forthwith  elect  from  the  citizens  of  the  state  so 
many  persons  as  will  supply  the  deficiency,  and  immediately  issue  a  certificate 
of  election,  signed  by  those  present  or  a  majority  of  them,  to  the  person  so 
chosen.     In  case  of  failure  to  elect  by  noon  of  the  following  day,  the  gov- 
ernor shall  fill  the  vacancies  by  appointment.     (1897  p.  259;   1889  p.  472; 
Ann;  5712;  Comp.  3271.) 


80  ELECTION  LAWS  OF  NEBRASKA 

2273  Sec.  335.     Casting  v$te  for  president. — The  college  of  electors,  be- 
ing full,  shall  meet  at  the  capitol  at  noon  of  the  said  second  Monday  of  Jan- 
uary, and  proceed  to  the  election  in  conformity  with  the  constitution  of  the 
United  States.     (1879  p.  259;  1889  p.  472;  Ann.  5713;  Comp.  3272.) 

2274  Sec.  33.6.     Compensation  of  electors. — The  electors  shall  receive  a 
compensation  of  five  dollars  for  every  day's  attendance,  and  the  same  mileage, 
as  members  of  the  legislature.     (1879  p.  259;  Ann.  5714;  Comp.  3273.) 


ARTICLE  XVI. 

VACANCIES    AND    SPECIAL    ELECTIONS. 

SECTION  SECTION 

2280.     Term    of    office    of    appointees    to    fill 

2275.  Vacancies — how    vacancies    occur.  vacancy. 

2276.  Resignations — how    made.  2281.     Possession  of  office,  books  and  papers 

2277.  Vacancies — filled      by       appointment —  in  event  of  vacancy 

how.  2282.     Special   elections — how   governed. 

2278.  When  vacancy  filled   by  election.  22S3.     Canvass  of  special  election  to  fill  va- 

2279.  Member    of    congress    or    legislature —  cancy. 

how   vacancy   filled.  2284.     Same — canvass   by   state   board. 

2275  Sec.  337.  Vacancies — how  vacancies  occur. — Every  civil  office 
shall  be  vacant  upon  the  happening  of  either  of  the  following  events  at  any 
time  before  the  expiration  of  the  term  of  such  office,  as  follows : 

First — The  resignation  of  the  incumbent; 

Second — his  death; 

Third — his  removal  from  office ; 

Fourth — the  decision  of  a  competent  tribunal  declaring  his  office  vacant; 

Fifth — his  ceasing  to  be  a  resident  of  the  state,  district,  county,  township, 
precinct  or  ward  in  which  the  duties  of  his  office  are  to  be  exercised,  or  for 
which  he  may  have  been  elected; 

Sixth — a  failure  to  elect  at  a  proper  election,  there  being  no  incumbent 
to  continue  in  office  until  his  successor  is  elected  and  qualified,  nor  other 
provision  relating  thereto; 

Seventh — a  forfeiture  of  office  as  provided  by  any  law  of  the  state ; 

Eighth — conviction  of  an  infamous  crime  or  of  any  public  offense  in- 
volving the  violation  of  his  oath  of  office; 

Ninth — the  acceptance  of  a  commission  to  any  military  office,  either  in  the 
militia  of  this  state,  or  in  the  service  of  the  United  States,  which  requires  the 
incumbent  in  the  civil  office  to  exercise  his  military  duties  out  of  the  state  for 
a  period  of  not  less  than  sixty  days. 
(1879  p.  268;  Ann.  5753;  Comp.  3311.) 

First  commissioners  of  new  county  hold  only  until  successors  elected  at  next  general 
election  qualify.  State  v.  Field,  26  Neb.  393  (41  N.  W.  988.)  Redistricting  county  does  not 
vacate  office  of  commissioner  who  thus  becomes  non-resident  of  his  district.  State  v.  Haver- 
Iv  62  Neb  767  (87  N.  W.  959).  Removal  of  commissioner  from  district,  though  he  remains 
in  county  vacates  office.  State  v.  Skirving.  19  Neb.  497  (27  N.  W.  723).  Vacancy  by  re- 
moval may  exist  though  duties  are  being  performed  by  temporary  appointee.  Prather  v. 
Hart,  17  Neb.  598  (24  N.  W.  282). 

Constitutional:  failure  to  file  bond,  etc.,  under  sec.  5721,  also  creates  vacancy.  State 
v  Lansing,  46  Neb.  514  (64  N.  W.  1104.)  Ineligibility  of  successful  candidate,  where  incum- 
bent holds  over,  creates  no  vacancy.  Richards  v.  McMillin,  36  Neb.  352  (54  N.  W.  566); 
State  v  Rosewater  79  Neb.  450  (113  N.  W.  206).  Acceptance  of  incompatible  office  ipso 
facto  vacates  first.  State  v.  Wait,  92  N?b.  313  (138  N.  W.  159) 


ELECTION  LAWS  OF  NEBRASKA  81 

2276  Sec.  338.    Resignations — how  made. — Resignations  of  civil  officers 
may  be  made  as  follows : 

First — By  the  governor,  to  the  legislature,  if  in  session;  if  not,  to  the 
secretary  of  state; 

Second — by  senators  and  representatives  in  congress,  and  by  all  officers 
elected  by  the  qualified  voters  of  the  state,  and  by  judges  of  the  supreme  and 
district  courts,  and  regents  of  the  university,  to  the  governor; 

Third — by  members  of  the  senate  and  house  of  representatives,  to  the 
presiding  officers  of  their  respective  bodies,  if  in  session,  who  shall  immediate- 
ly transmit  information  of  the  same  to  the  governor;  if  such  bodies  are  not 
in  session,  to  the  governor; 

Fourth — by  all  county  and  precinct  officers,  to  the  county  board;  and  by 
members  of  the  county  board,  to  the  county  clerk; 

Fifth — by  all  township  officers,  to  the  township  clerk;  and  by  the  town- 
ship clerk,  to  the  town  board; 

Sixth — by  all  officers  holding  appointments,  to  the  officer  or  body  by 
whom  they  were  appointed. 

Such  resignation  shall  not  take  effect  until  accepted  by  the  board  or  officer 
to  whom  the  same  is  made.  (1879  p.  269;  Ann.  5754;  Comp.  3312.) 

Supervisor  files  resignation  with  township  clerk.  State  v.  Taylor,  26  Neb.  580  (42 
X.  W.  729). 

2277  Sec.  339.    Elections — vacancies — how   filled. —  Vacancies    shall    be 
filled  in  the  following  manner:     In  the  office  of  the  reporter  of  the  Supreme 
Court,  by  the  Supreme  Court,  in  all  other  state  and  judicial  offices,  and  in  the 
membership  of  any  board  or  commission  created  by  the  state,  where  no  other 
method  is  especially  provided,  by  the  governor ;  in  county  and  precinct  offices, 
by  the  county  board;  and  in  the  membership  of  such  board,  by  the  county 
clerk,  county  attorney  and  county  treasurer ;  in  township  offices,  by  the  town 
board,  but  where  the  offices  of  the  town  board  are  all.  vacant  the  clerk  shall 
appoint,  and  if  there  be  no  town  clerk,  the  county  clerk  shall  appoint;  in  city 
and  village  offices,  by  the  mayor  and  council  or  board  of  trustees.     (Laws 
1917,  p.  117.) 

2278  Sec.  340.     When  vacancy  filled  by  election. — Vacancies  occurring 
in  any  state,  judicial  district,  county,  precinct,  township  or  any  public  elective 
office,  thirty  days  prior  to  any  general  election,  shall  be  filled  thereat.     Vacan- 
cies occurring  in  the  office  of  county  judge  or  justice  of  the  peace  shall  be 
filled  by  election,  but  when  the  unexpired  term  does  not  exceed  one  year  the 
vacancy  shall  be  filled  by  appointment,  as  provided  in  the  next  preceding 
section.     Vacancies  occurring  in  the  office  of  any  police  magistrate  in  cities 
where  the  unexpired  term  does  not  exceed  one  year  shall  be  filled  by  appoint- 
ment, but  vacancies  occurring  in  such  office  less  than  thirty  days  prior  to  any 
city  election,  and  where  the  unexpired  term  exceeds  one  year,  shall  be  filled 
by  special  election.     Any  person  so  appointed  or  elected  under  the  provis- 
ions of  this  section  shall  hold  his  office  for  the  unexpired  term.     (1879  p.  271; 
1883  p.  227;  Ann.  5759;  Comp.  3317.) 

Section  applies  only  in  absence  of  special  provision.  State  v.  Rankin,  33  Neb.  266  (49 
N.  W.  1121;)  State  v.  Walker.  30  Neb.  501  (46  N.  W.  648;)  State  v.  County  Commrs.  60  Neb. 
275  (83  N.  W.  70).  Section  governs  vacancies  in  railway  commission.  State  v.  Furse,  89 
Neb.  652  (131  N.  W.  1030).  County  commissioner;  failure  to  include  in  election  notice,  where 
vacancy  is  generally  known,  votes  held  valid.  State  v.  Skirving,  19  Neb.  497  (27  N.  W.  723); 
State  v.  Lansing,  46  Neb.  514  (64  N.  W.  1104). 

Office  of  county  judge  being  vacant,  when  unexpired  term  exceeds  one  year,  is  filled  at 
general  election;  county  board  appoints  until  election;  appointment  is  temporary,  quaere. 
State  v.  Lansing,  46  Neb.  514  (64  N.  W  1104). 


82  ELECTION  LAWS  OF  NEBRASKA 

District  judge;  appointment  where  vacancy  occurs  less  than  thirty  days  prior  to  gen- 
eral election  continues  only  until  successor  elected  qualifies.  State  v.  Thayer,  31  Neb.  82 
(47  N.  W.  704). 

County  attorney  appointed  by  county  board.  State  v.  Rankin,  33  Neb.  266  (49  N.  \V. 
1121);  State  v  County  Commrs.,  60  Neb.  275  (83  N.  W.  70). 

County  assessor;  vacancy  more  than  thirty  days  prior  to  general  election,  county 
board  appoints.  State  v.  Coleman,  91  Neb.  167  (135  N.  W.  444). 

Clerk  of  district  court,  vacancy  filled  at  general  election  where  vacancy  occurs  thiry 
days  prior.  State  v.  Dodson,  21  Neb.  218  (31  N.  W.  788). 

Councilmen  of  city  of  first  class,  vacancy  less  than  thirty  days  prior  to  annual  elec- 
tion not  filled  thereat.  State  y  Hamilton.  29  Neb.  198  (45  N.  W.  279). 

Aldermen  of  first  class  city,  appointee  holds  only  until  successor  elected  at  next  mu- 
nicipal election  qualifies.  State  v.  Schroeder,  79  Neb.  759  (113  N.  W.  192). 

2279  Sec.  341.     Elections — vacancies — congress — legislature — how  filled. 
—When  a  vacancy,  occurs  in  the  office  of  representative  in  congress,  or  mem- 
bers of  the  legislature,  and  the  body  in  which  such  vacancy  exists  will  convene 
prior  to  the  next  general  election,  the  governor  shall  order  a  special  election 
to  fill  such  vacancy  at  the  earliest  parcticable  time,  and  ten  days'  notice  of 
such  election  shall  be  given :   Provided,  any  vacancy  occuring  in  either  house 
of  the  legislature  during  a  regular  or  special  session  thereof  shall  be  filled  by 
the  governor  within  five  days  after  said  vacancy  occurs  by  appointment  of 
some  qualified  person  of  the  same  political  affiliation  as  the  previous  incumbent 
from  the  district  in  which  the  vacancy  has  arisen.     When,  for  any  cause  what- 
soever, a  vacancy  occurs  in  the  representation  of  the  State  of  Nebraska  in  the 
senate  of  the  United  States,  the  same  shall  be  filled  forthwith  by  the  Governor, 
who  shall  have  power  to  appoint  to  fill  such  vacancy  some  suitable  person 
possessing  the  qualifications  necessary  for  Senator.     The  person  so  appointed 
shall  hold  office  until  the  next  regular  election  of  State  Officers,  when  such 
vacancy  shall  be  filled  by  the  election  of  a  Senator  who  shall  hold  office  for 
the  unexpired  term.     (Laws  1917,  p.  118.) 

2280  Sec.  342.    Term  of  office  of  appointees  to  fill  vacancy. — Appoint- 
ments under  the  provisions  of  this  chapter  shall  be  in  writing  and  continue 
until  the  next  election  at  which  the  vacancy  can  be  filled,  and  until  a  suc- 
cessor is  elected  and  qualified,  and  be  filed  with  the  secretary  of  stfate  or 
proper  township  clerk,  or  proper  county  clerk,  respectively.     (1879  p.  270; 
Ann.  5757;  Gomp.  3315.) 

County  attorney,  appointed  to  fill  vacancy,  holds  for  remainder  of  term.  State  v. 
Rankin.  33  Neb.  266  (4-9  N.  W.  1121):  State  v  County  Commrs.,  60  Neb.  275  (83  N.  W.  70). 
County  assessor,  appointed  to  fill  vacancy,  holds  until  successor  at  next  general  election 
qualifies.  State  v.  Coleman,  91  Neb.  167  (135  N.  W.  444).  Alderman  of  first  class  city,  ap- 
pointed to  fill  vacancy,  holds  only  until  successor  at  next  municipal  election  qualifies. 
State  v.  Schroeder,  79  Neb  759  (113  N.  W.  192). 

2281  Sec.  343.    Possession  of  office,  books  and  papers  in  event  of  vacan- 
cy.— When  a  vacancy  occurs  in  a  public  office,  possession  shall  be  taken  of  the 
office  room  and  of  the  books,  papers,  and  all  things  pertaining  to  the  office, 
to  be  held  until  the  election  or  appointment  and  qualification  of  a  successor, 
as  follows: 

First — Of  the  office  of  the  county  clerk,  by  his  deputy,  if  there  be  one,  if 
not,  by  the  county  judge ;  and  in  case  of  any  delay  in  the  election  or  appoint- 
ment of  a  successor  to  the  county  clerk,  his  deputy  shall  continue  to  discharge 
the  duties  of  the  office,  being  responsible  for  the  conduct  and  management 
thereof  upon  his  official  bond. 

Second — Of  the  office  of  the  county  treasurer,  by  the  sheriff. 

Third — Of  any  of  the  state  officers,  by  the  governor;  or  in  his  absence 
or  inability  at  the  time  of  the  occurrence,  as  follows :  Of  the  secretary  of  state, 


ELECTION  LAWS  OF  NEBRASKA  83 

by  the  treasurer;  of  the  auditor  of  public  accounts,  commissioner  of  public 
lands  and  buildings,  and  superintendent  of  public  instruction,  by  the  secretary 
of  state;  of  the  treasurer,  by  the  secretary  of  state  and  auditor  of  public 
accounts,  who  shall  make  an  inventory  of  the  money  and  warrants  therein, 
sign  the  same,  and  transmit  it  to  the  governor,  if  he  be  in  the  state;  the  the 
secretary  of  state  shall  take  the  keys  of  the  safes  and  desks,  after  depositing 
the  books,  papers,  money,  and  warrants  therein,  and  the  auditor  shall  take 
the  key  of  the  office  room.  (1879  p.  270;  Ann.  5758;  Comp.  3316.) 

2282  Sec.  344.    Special  elections — how  governed. — The  provisions  relat- 
ing to  general  elections  shall  govern  special  elections,  except  where  otherwise 
provided  for.     (1879  p.  272;  Ann.  5761;  Comp.  3319.) 

2283  Sec.  345.     Canvass  of  special  election  to  fill  vacancy. — Where  spec- 
ial elections  are  held  to  fill  vacancies  in  offices  provided  for  by  this  article, 
the  board  of  canvassers  shall  meet  at  12  o'clock  M.,  on  the  third  day  after 
said  election,  to  canvass  the  votes  cast  at  such  election,  and  the  county  clerk, 
within  four  days  after  any  special  election  for  a  member  of  the.  legislature, 
or  representative  in  congress,  shall  transmit  to  the  secretary  of  state  an  ab- 
stract of  the  votes  cast  at  said  election,  if  there  be  more  than  one  county  in 
the  district.     (1879  p.  272:  Ann.  5762;  Comp.  3320.) 

2284  Sec.  346.     Same — canvass  by  state  board. — Within  ten  days  after 
the  election  provided  for  by  the  next  preceding  section,  the  board  of  state 
canvassers  shall  meet  and  canvass  the  votes  cast  to  fill  such  vacancy,  and 
if  the  returns  have  not  been  received  from  all  the  counties  composing  said  dis- 
trict, they  may  adjourn  to  such  day  as  they  deem  necessary,  not  exceeding 
five,   for  the  purpose  of  receiving  the   returns.     (1879   p.  272;  Ann.   5763; 
Comp.  3321.) 


ARTICLE  XVII. 

VOTING    MACHINES. 

SECTION  SECTION 

2285.  Voting-   machines   authorized.  2299.     Custodians   of   machines — duties. 

2286.  Board  of  voting-  machine  commission-       2300.     Election  officers  instructed  by  custod- 

ers.  ian. 

2287.  Same — deputy   commissioners.  2301.     Clerk  of  board  as  custodian. 

2288.  Examination   of   machine.  2302       Sample    machines    for    instruction    of 

2289.  Same — expenses    and    cost   of   commis-  voter. 

sion   paid   by   company.  2303.     Preparing-   machine   before   polls   open. 

2290       Requisites  of  approved   machine.  2304.     Duty  of  election  officers  and  voters. 

2291.  Model  provided  for  instruction  of  vot-       2305.     Additional  instructions  to  voter. 

ers.  2306.  Ignorant  or  disabled  voter  assisted  by 

2292.  When  machines  may  be  used.                                              officer. 

2293.  Trial  use  of  machines.  2307.  Irreg-ular  ballots. 

2294.  Purchase  of  machines.  2308  Return   c>f   results — how   made. 

2295.  Payment — how    made.  2309.  Return  of  irregular  ballots. 

2296.  Ballot   label  2310.  General  election  law  apply  to  machine 

2297.  Sample  of  ballots  used  in  machine.  voting". 

2298.  Conduct  of  election  with  machines. 

2285  Sec.  347.  Voting  machines  authorized. — In  all  elections  hereafter 
held  in  this  state  for  presidential  electors  and  members  of  congress,  or  either 
of  them,  and  in  all  state,  district,  county,  city,  town,  school  district,  village, 
precinct  and  township  elections,  and  in  all  other  elections  hereafter  to  be 


84  ELECTION  LAWS  OF  NEBRASKA 

held  in  this  state,  or  in  any  political  division  thereof,  for  any  purpose  what- 
ever, voting  machines  may  be  used ;  and  at  any  and  all  such  elections  the 
vote  or  ballot  may  be  had  and  taken,  and  the  votes  cast  thereat  registered  or 
recorded  and  counted,  and  the  result  of  such  election  or  elections  ascertained 
by  voting  machines  instead  of  in  the  mode  and  manner  now  established  by 
law :  Provided,  the  use  of  said  machines  at  any  such  election  or  elections  shall 
be  subject  to  the  requirements,  provisions,  terms  and  conditions  of  this  article 
hereinafter  contained.  (1905  p.  343;  Ann.  5907;  Comp.  3347.) 

2286  Sec.  348.    Board  of  voting  machine  commissioners. — There  is  here- 
by created  a  "state  board  of  voting  machine  commissioners";  such  board  to 
be  composed  of  the  governor,  secretary  of  state  and  auditor  of  public  accounts. 
The  board  shall  have  power  to  appoint  three  deputies,  who,  when  acting  for 
or  instead  of  the  commissioners,  shall  have  and  may  exercise  an  equal  power 
and  authority,  subject  to  the  approval  of  the  commissioners;  no  member  of 
the  board  or  deputy  shall  have  any  pecuniary  interest,  directly  or  indirectly, 
in  any  voting  machine ;  at  least  two  of  the  deputies  of  said  board  shall  be  mas- 
ter mechanics  or  graduates  of  a  school  of  mechanical  engineering;  the  depu- 
ties shall  be  appointed  for  a  term  of  two  years.     (1905  p.  343;  Ann.  5908; 
Comp.  3348.) 

2287  Sec.  349.     Same — deputy  commissioners. — The  deputies  shall  sever- 
ally take  and  subscribe  to  an  oath  or  affirmation  before  some  person  author- 
ized by  the  laws  of  this  state  to  administer  the  same,  that  they  will  faithfully 
and  impartially  discharge  the  duties  imposed  upon  them  by  law,  and  file  the 
same  with  the  secretary  of  state ;  they  shall  organize  by  electing  one  of  their 
number  to  be  chairman,  and  one  to  be  secretary,  and  one  to  be  treasurer;  the 
secretary  shall  keep  a  record  of  all  meetings  held  by  the  board  or  its  deputies, 
and  of  all  voting  machines  inspected  and  examined  by  it,  and  of  the  action 
of  the  board  respecting  the  same.     (1905  p.  344;  Ann.  5909;  Comp.  3349.) 

2288  Sec.  350.     Examination  of  machine. — Any  person,  company  or  cor- 
operation  owning  or  being  interested  in  any  voting  machine  may  apply  to  the 
state  board  of  voting  machine  commissioners  by  application  filed  with  the  sec- 
retary of  state,  who  shall  notify  said  board  to  examine  such  machine  and 
report  on  its  compliance  with  the  requirements  of  the  law  and  its  accuracy, 
efficiency  and  capacity  to  register  the  will  of  voters;  upon  such  application 
the  board  or  its  deputies  shall  examine  such  machine,  and  make  report  whether 
in  its  opinion,  or  in  the  opinion  of  any  two  of  the  members  thereof,  the  kind  of 
machine  so  examined  complies  with  the  requirements  of  this  article  and  can 
safely  be  used  at  elections  to  be  held  in  this  state  under  the  condition  pre- 
scribed by  this  article,  the  report  of  the  board  on  said  machines,  signed  by 
the  members  thereof,  or  any  two  of  them,  and  all  exhibits,  drawings,  photo- 
graphs, descriptions,  etc.,  filed  in  connection  with  and  identifying  said  ma- 
chines so  examined,  shall  be  filed  in  the  office  of  the  secretary  of  state  within 
ten  days,  and  shall  be  a  public  record ;  if  the  report  of  the  board,  or  any  two 
members  thereof,  be  that  machines  of  the  kind  examined  can  be  used,  such 
kind  of  machine  shall  be  deemed  to  be  approved  by  the  board,  and  its  use  as 
herein  provided  shall  be  authorized  at  any  such  election  as  aforesaid  to  be 
held  in  this  state,  or  any  civil  division  thereof;  any  kind  of  voting  machine 


ELECTION  LAWS  OF  NEBRASKA  85 

not  so  approved  by  the  board  shall  not  be  used  at  any  election ;  the  examina- 
tion herein  provided  for  shall  not  be  required  of  each  individual  machine, 
but  only  of  each  particular  kind  of  machine  before  its  adoption,  use  or  pur- 
chase, as  herein  provided;  when  the  machine  has  been  so  approved,  any 
improvement  or  change  that  does  not  impair  its  accuracy,  efficiency  or  capac- 
ity shall  not  render  necessary  the  re-examination  or  re-approval  thereof. 
All  examinations  shall  be  in  public ;  sufficient  notice  shall  be  given  to  such  in- 
terested persons  as  shall  file  with  the  commission  a  notice  of  their  desire  to 
attend  such  examinations.  (1905  p.  344;  Ann.  5910;  Comp.  3350.) 

2289  Sec.  351.    Same — expenses  and  cost  of  commission  paid  by  com- 
pany.— Any  person,  company  or  corporation,  owners  or  agents  for  any  voting 
machine  applying  to  have  the  voting  machine  examined  shall  deposit  with 
the  treasurer  of  the  board  the  sum  of  four  hundred  and  fifty  dollars;  irom 
said  money  shall  first  be  deducted  and  paid  all  expenses  incurred  by  the  board 
in  and  about  the  discharge  of  its  duties,  including  stationery,  books,  postage 
and  traveling  expenses;  the  balance  remaining  shall  be  divided  into  three 
equal  parts  or  portions;  each  of  the  deputies  shall  receive  one  of  said  por- 
tions in  payment  of  traveling  and  other  expenses  and  for  his  compensation  as 
such  deputy  of  said  board;  the  members  of  the  board  shall  not  receive  any 
compensation  or  remuneration  for  their  services.     (1905  p.  345 ;  Ann.  5911 ; 
Comp.  3351.) 

2290  Sec.  352.    Requisites  of  approved  machine. — No  voting  machine 
shall  be  approved  by  the  state  board  of  voting  machine  commissioners  unless 
it  shall  be  so  constructed  as  to  insure  every  voter  an  opportunity  to  vote  in 
secrecy.     Each  machine  shall  be  so  constructed  as  to  provide  facilities  for 
voting  for  the  candidates  of  at  least  seven  parties  or  organizations;  that  a 
straight  party  ticket  can  be  voted  by  the  operation  of  a  single  device;  that 
the  voter  may  vote  for  a  part  of  one  party  ticket,  and  a  part  of  one  or  more 
other  party  tickets;  that  females  or  other  restricted  voters  can  vote  when 
by  law  such  persons  are  entitled  to  vote,  but  that  no  voter  can  vote  for  a 
candidate  or  on  a  question  for  whom  or  on  which  he  is  not  lawfully  entitled 
to  vote ;  that  the  voter  can  not  cast  more  than  one  vote  for  any  candidate,  or 
vote  for  more  than  one  person  for  the  same  office,  unless  he  is  lawfully  entitled 
to  vote  for  more  than  one  person  therefor,  and  in  that  event  can  vote  for  as 
many  persons  for  that  office  as  he  is  by  law  entitled  to  vote    for,  and  no  more ; 
that  the  names  of  the  candidates  for  presidential  electors  need  not  appear  on 
the  ballot  labels,  but  in  lieu  thereof,  one  ballot  in  each  party  column,  or  row, 
may  contain  only  the  words  "presidential  electors"  preceded  by  the  party 
name,  and  the  names  of  the  candidates  for  president  and  vice-president,  and 
every  vote  registered  for  such  ballot  shall  operate  as  a  vote  for  all  candidates 
of  such  party  for  presidential  electors,  and  be  counted  as  such,  but  it  shall 
provide  means  for  voting  a  split  or  irregular  ticket  for  presidential  electors; 
that  any  voter  can  by  means  of  irregular  ballots  vote  a  written  or  printed 
ballot  of  his  own  selection  for  any  person  for  any  office,  although  such  person 
may  not  have  been  nominated  by  any  party.     The  machine  shall  be  so  con- 
structed that  within  the  period  of  one  minute  the  voter  can  cast  his  vote  for 
all  of  the  candidates  of  his  choice,  and  that  he  can  change  his  vote  for  any  reg- 
ularly nominated  candidate  up  to  the  time  he  starts  to  leave  the  machine.     The 
voting  machine  shall  have  voting  devices  for  the  individual  candidates  ar- 


86  ELECTION  LAWS  OF  NEBRASKA 

ranged  in  separate  parallel  party  lines,  one  line  for  each  party,  and  in  parallel 
office  rows,  transverse  thereto.  Each  machine  must  be  provided  with  a  lock 
or  locks,  the  keys  of  which  can  not  be  inter-changeably  used,  and  by  the  lock- 
ing of  which  any  movement  of  the  operating  mechanism  can  be  prevented,  so 
that  it  can  not  be  tampered  with  or  manipulated  for  any  fraudulent  purpose ; 
and  that  the  doors  of  the  compartment  containing  the  registering  mechanism 
can  be  locked  so  that  no  person  can  see  or  know  the  number  of  votes  regis- 
tered for  any  candidate.  There  shall  be  a  counter,  the  registering  face  of 
which  can  be  seen  at  all  times  from  the  outside  of  the  machine,  which  will 
show  during  the  election  the  total  number  of  voters  that  have  operated  the 
machine  at  that  election;  there  shall  be  a  registering  lock  or  a  counter  which 
can , not  be  reset  and  will  lock  by  the  party  that  operates  it,  and  will  count 
up  to  one  million ;  such  lock  or  counter  shall  be  known  as  a  protective  lock, 
or  a  protective  counter,  and  shall  be  so  constructed  that  the  numbers  on  the 
lock  will  be  changed  or  the  number  on  the  counter  shall  be  advanced  one 
every  time  the  machine  is  operated.  (1905  p.  345;  Ann.  5912;  Comp.  3352.) 

2291  Sec.  353.    Model  provided  for  instruction  of  voters. — With  each 
voting  machine  there  shall  be  provided  by  the  makers  a  working  model  for 
instruction  of  voters,  which  shall  represent  at  least  five  office  lines  for  two 
party  rows,  and  the  devices  for  voting  for  two  questions,  and  shall  correspond 
to  the  equivalent  parts  of  the  face  of  the  voting  machine,  and  the  operation  of 
the  model  shall  be  the  same  in  outward  appearance  as  the  operation  of  the 
machine.     (1905  p.  347;  Ann.  5913;  Comp.  3353.) 

2292  Sec.  354.     When  machines  may  be  used. — The  county  commission- 
ers of  any  county,  the  city  council  of  any  city,  the  proper  officers  of  any 
village,  school  or  other  district,  precinct  or  township,  may  adopt  for  use  at 
elections  in  one  or  more  election  precincts  any  kind  of  voting  machine  ap- 
proved by  the  state  board  of  voting  machine  commissioners,  and  thereupon 
such  voting  machine  may  be  used  at  any  or  all  elections  held  in  such  election 
precinct  for  voting,  registering  and  counting  votes  cast  at  such   elections: 
Provided,  no  purchase  of  voting  machines  shall  be  made  for  any  voting  pre- 
cinct wholly  without  the  corporate  limits  of  any  city  or  town,  excepting  in 
counties  in  which  are  located  cities  of  the  metropolitan  class,  nor  by  any 
city,  town  or  village  having  less  than  twelve  hundred  population,  until  the 
question  of  such  purchases  shall  have  been  submitted  to  a  vote  of  the  people 
of  such  county,  city,  town  or  village,  who  may,  by  a  majority  vote  of  those 
voting  on  the  proposition,  authorize  such  purchase.     The  number  of  votes  for 
each  machine  shall  be  determined  by  the  proper  officers  of  the  district,  county, 
city,  town,  school  or  other  district,  village,  precinct  or  township,  but  shall 
not  exceed  eight  hundred  votes  in  any  one  voting  precinct.     (1905  p.  347; 
Ann.  5914;  Comp.  3354.) 

2293  Sec.  355.     Trial  use  of  machine.— The  proper  officers  of  any  dis- 
trict, county,-  city,  town,  school  district,  village,  precinct  or  township  may 
provide  for  the  experimental  use,  at  any  election  in  one  or  more  districts,  of  a 
machine  which  may  be  lawfully  adopted  without  a  formal  adoption  thereof, 
and  its  use  at  such  election  shall  be  as  valid  for  all'  purposes  as  if  it  had  been 
formally  adopted.     (1905  p.  347;  Ann.  5915;  Comp.  3355.) 

2294  Sec.  356.     Purchase  of  machines. — The  proper  officers  of  any  dis- 
trict, county,  city,  town,  school  district,  village,  precinct  or  township  adopting 


ELECTION  LAWS  OF  NEBRASKA  87 

a  voting  machine  shall,  as  soon  as  practicable  thereafter,  provide  for  each  poll- 
ing place  designated  one  or  more  voting  machines  in  complete  working  order, 
together  with  a  mechanical  model  of  same.  If  it  shall  be  impracticable  to 
supply  each  and  every  election  district  designated  with  a  voting  machine  or 
voting  machines  at  any  election  following  such  adoption,  as  many  may  be 
supplied  as  it  is  practicable  to  procure,  and  the  same  may  be  used  in  such 
election  districts  within  such  county,  city,  township,  district,  school  districts, 
village,  or  precinct,  as  the  proper  officers  may  direct.  (1905  p.  348;  Ann. 
5916;  Comp.  3356.) 

2295  Sec.  357.     Payment — how  made. — The  proper  officers  of  any  dis- 
trict, county,  city,  town,  school  district,  village,  precinct,  or  township,  on  the 
adoption  and  purchase  of  a  voting  machine  or  voting  machines,  shall  provide 
for  the  payment  therefor  in  such  manner  as  they  deem  for  the  best  interest 
of  such  locality,  and  may  for  that  purpose  levy  a  tax,  issue  bonds,  certificate 
of  indebtedness,  or  other  obligations,  which  shall  be  a  charge  on  the  particu- 
lar county,  city,  district,  town,  school  district,  village,  precinct  or  township  so 
adopting  said  machines;  such  bonds,  certificates  or  other  obligations  may  be 
issued  with  interest  at  a  rate  not  exceeding  six  per  cent  per  annum,  payable 
at  such  time  or  times  not  exceeding  ten  years,  as  the  proper  officers  may  de- 
termine, but  shall  not  be  issued  or  sold  at  less  than  par.     (1905  p.  348;  Ann. 
5917;  Comp.  3357.) 

2296  Sec.  358.     Ballot  label.— The  cardboard,  paper  or  other  material, 
placed  on  the  front  of  the  machine,  containing  the  names  of  the  candidates 
and  officers,  or  a  statement  of  the  proposed  constitutional  amendment  or  other 
question  or  proposition  to  be  voted  on,  shall  be  know  in  this  article  as  the 
ballot  label,  and  shall  be  deemed  an  official  ballot.     Two  sets  of  ballot  labels 
for  each  machine  shall  be  supplied  by  the  officers  now  charged  with  the  duty 
of  providing  ballots,  at  least  four  working  days  before  the  election,  and  shall 
be  printed  in  black  ink,  on  clear  white  material  of  such  size  and  thickness  as 
will  fit  the  machine,  and  in  as  large  type  as  the  space  will  reasonably  permit. 
The  ballot  labels  for  each  party  shall  be  arranged  on  the  machine,  either  in 
vertical   columns   or  horizontal  rows   and  shaft   be   designated  in   the   same 
manner  as  the  counters  for  such  columns  or  rows.     Where  two  or  more  candi- 
dates are  to  be  elected  to  an  office,  and  the  name  of  each  of  the  nominated 
candidates  therefor  are  placed  in  connection  with  a  separate  voting  device, 
all  of  such  voting  devices  shall  be  included  in  one  group  herein  referred  to  as 
a  multi-candidate  group,  which  will  permit  the  proper  number  of  any  of  said 
candidates  to  be  voted  for  and  no  more,  and  the  bfrllot  label  or  the  part 
thereof  that  contains  the  names  of  the  offices  herein  called  the  office  caption 
ballot  label,  shall  be  printed  in  type  as  large  as  the  space  for  such  office  will 
reasonably  permit  and  the  words  below,  "vote  for  two"  (or  such  number  as 
can  be  voted  for)  shall  be  printed  to  indicate  that  the  voter  can  vote  for  any 
two,  or  such  other  number  as  he  may  be  lawfully  entitled  to  vote  for,  out  of 
the  whole  number  of  candidates  so  nominated.     Each  ballot  label  shall  have 
printed  close  to  the  margin  thereof,  in  small  type,  the  name  of  its  party  and 
the  largest  civil  or  political  division  thereof  to  which  it  is  common.     Independ- 
ent nominations  shall  be  placed  upon  the  party  row  or  rows  following  the 
party  nominations  as  they  can  be  arranged  on  the  machine;  two  or  more  inde- 
pendent nominations  may  be  placed  upon  the  same  row  and  the  party  device 


88  ELECTION  LAWS  OF  NEBRASKA 

in  connection  with  such  row  may  be  locked  or  arranged  so  that  such  candi- 
dates may  be  voted  for  individually.  On  the  ballot  label  for  questions,  the 
statement  of  the  question  submitted  may  be  abbreviated  to  meet  the  require- 
ments of  the  limited  space  with  the  words  "Yes"  or  "No"  for  the  voter  to 
indicate  the  affirmative  or  negative  vote  on  any  such  question  by  operating  the 
proper  device  therefor.  In  case  any  party  making  nomination  shall  fail  to 
nominate  candidates  for  some  of  the  offices  to  be  voted  for,  the  spaces  on  the 
ballot  labels  for  such  offices  shall  contain  the  words  "No  nomination."  (1905 
p.  348;  Ann.  5918;  Comp.  3358.) 

Proposition  submitted  may  be  abbreviated  on  ballots;   statement  held  sufficient.     Linn 
v.  City  of  Omaha,  76  Neb.  552   (107  N.  W.   983). 

2297  Sec.  359.    Sample  of  ballots  used  in  machine. — The  officers  now 
charged  with  the  duty  of  providing  ballots  shall  provide  at  least  two  sample 
ballots  for  each  machine,  which  shall  be  arranged  in  the  form  of  a  diagram 
showing  such  portion  of  the  face  of  the  voting  machine  as  will  appear  after 
the  official  ballot  labels  have  been  properly  placed  for  voting  on  election  day. 
Such  sample  ballots  or  diagrams  may  be  of  a  reduced  size,  but  the  names  of  the 
candidates  must  be  clearly  legible,  and  shall  be  displayed  for  public  inspection 
at  such  polling  place  during  election  day.     Ballot  labels  on  tinted  cardboard 
shall  be  furnished  free  of  charge  by  the  officers  providing  the  ballot  labels 
for  all  instruction  models  and  instruction  machines  to  be  used  by  the  county, 
city,  district,  town,  school  or  other  district,  village,  precinct  or  township, 
for  the  instruction  of  voters.     Requisition  for  such  sample  ballot  labels  shall 
be  made  as  provided  by  the  general  election  laws  now  in  force  in  this  state 
regarding  sample  ballots.     (1905  p.  349;  Ann.  5919;  Comp.  3359.) 

2298  Sec.  360.     Conduct  of  election  with  machines. — So  far  as  practi- 
cable, at  all  elections  where  voting  machines  are  used,  the  voting  machine 
shall  be  regarded  and  treated  as  a  substitute  for  the  paper  ballot  and  bal- 
lot-box heretofore  used;  elections  shall  be  conducted  by  the  election  officers 
as  nearly  as  may  be  in  accordance  with  existing  laws,  except  as  otherwise 
provided  by  this  article ;  the  .arrangement  of  the  polling  room  shall  be  the 
same,  as  near  as  may  be,  as  is  provided  for  elections  where  paper  ballots 
are  used;  the  compartments  now  provided  for  by  law,  wherein  the  voter  shall 
prepare  his  ballot  for  voting,  need  not   be   provided   or  used   at   elections 
where   voting   machines    are    used ;    official   ballots    of   the    kind    heretofore 
recognized  by  law  shall  not  be  furnished  to  the  election  districts  where  at 
any  election  voting  machines  are  used;  the  exterior  of  the  voting  machines 
and  every  part  of  the  polling-room  shall  be  in  plain  view  of  the  election 
officers;  the  voting  machine  shall  be  placed  at  least  four  feet  from  any  table 
whereat  any  of  the  election  officers  may  be  engaged  or  seated;  a  guard-rail 
shall  be  constructed  at  least  three  feet  from  the  machine,  witlh  an  opening, 
or  openings,  to  permit  the   entrance   and  exit   of  voters   to   and  from   the 
machine;  and  the  machine  shall  be  so  placed  that  the  ballot  labels  on  the 
face  of  the  machine  can  be  plainly  seen  by  the  election  officers  and  the  party 
watchers  when  not  in  use  by  the  voters.     (1905  p.  350;  Ann.  5920;  Comp. 
3360.) 

2299  Sec.  361.     Custodians  of  machines — duties. — For  the  purpose  of 
preparing  the  voting  machines  for  elections  and  instructing  the  election  offi- 
cers in  their  operation,  the  officers  or  board  having  charge  of  the  machines 


ELECTION  LAWS  OF  NEBRASKA  89 

may  employ  one  or  more  persons  who  shall  be  known  as  the  voting  machine 
custodians.  Such  custodians  shall  be  persons  of  good  eyesight,  good  reputa- 
tion, and,  if  possible,  machinists  and  not  actively  engaged  in  politics.  If  two 
or  more  custodians  be  appointed,  they  shall,  if  possible,  be  selected  from  more 
than  one  political  party,  and  shall  be  retained  until  removed  for  cause  other 
than  partisanship.  The  custodians  shall  be  sworn  to  perform  their  duties 
honestly  and  faithfully,  and  shall  be  paid  for  the  time  spent  in  the  perform- 
ance of  their  duties  in  the  same  manner  as  other  election  officers  are  paid,  and 
they  shall  be  supplied  by  the  officers  or  board  having  charge  of  the  election 
with  the  necessary  supplies  for  preparing  the  machines  for  election  and  report 
blanks  for  certifying  as  to  their  condition.  The  custodians  shall,  before  each 
election  at  which  the  voting  machines  are  to  be  used,  under -the  direction  of 
the  officers  or  board  having  charge  of  the  election,  place  the  ballot  labels  in 
their  proper  places  in  each  machine ;  adjust  the  machine  for  voting  in  the 
manner  required  at  such  election;  set  the  public  counter  and  all  the  candi- 
date counters  in  the  machine  at  zero;  and  in  every  other  way  put  the 
machine  in  perfect  condition  and  arrangement  for  the  election,  and  then  lock 
and  seal  the  operating  mechanism  against  any  movement.  The  custodian  shall, 
after  preparing  the  machines  for  the  election,  file  with  the  proper  officer  of 
the  board  adopting  the  machines  a  written  report  upon  blanks  furnished  by 
such  board  certifying  that  they  have  examined  and  prepared  each  machine 
for  the  election,  that  each  is  in  perfect  working  order,  and  in  every  way 
properly  adjusted,  and  set  for  the  election,  and  giving  the  number  and  make  of 
the  machine  and  the  number  registered  on  the  protective  counter  thereof.  The 
custodian  shall,  under  the  direction  of  the  officers  or  board  adopting  the 
machines,  cause  each  voting  machine  to  be  delivered  to  the  proper  voting 
place,  together  with  all  the  necessary  furniture  and  appliances  not  later  than 
one  hour  before  the  time  fixed  for  opening  the  polls  of  that  election ;  and  after 
the  machine  has  been  prepared  for  the  election  they  shall  provide  suitable 
protection  against  its  being  tampered  with  or  in  any  way  injured;  and  they 
shall,  on  the  day  of  the  election,  provide  sufficient  light  for  the  voters  to  clearly 
read  the  ballot  labels  on  the  machine  and  for  the  election  officer  to  clearly 
read  the  vote  registered  on  the  counters.  The  custodians  shall,  after  pre- 
paring the  machines  for  the  election,  deliver  the  keys  thereof  to  the  proper 
officer  of  the  board  adopting  the  machines,  who  shall  deliver  them  in  a  sealed 
envelope  to  the  election  officers  of  the  respective  election  districts  not  less 
than  forty-five  minutes  before  the  opening  of  the  polls,  and  shall  obtain  a 
receipt  therefor.  (1905  p.  351;  Ann.  5921;  Comp.  3360a.) 

2300  Sec.  362.     Election  officers  instructed  by  custodian. — All  election 
officers  must  be  properly  instructed  in  the  use  of  the  voting  machine  -by  the 
custodian  of  voting  machines.     (1905  p.  352;  Ann.  5922;  Comp.  3360b.) 

2301  Sec.  363.     Clerk  of  board  as  custodian.— If  the   board  adopting 
the  machines  do  not  employ  a  custodian  or  custodians  as  herein  provided 
for,  the  duties  of  such  custodian  shall  be  performed  by  the  clerk  of  the  board 
adopting  the  machines.     (1905  p.  352;  Ann.  5923;  Comp.  3360c.) 

2302  Sec.  364.    Sample  machines  for  instruction  of  voter. — In  all  places 
in  which  voting  machines  are  to  be  used  for  the  first  time,  a  voting  machine 
or  a  mechanical  sample  of  same  of  sufficient  size  to  contain  the  ballot  labels 
for  all  of  the  candidates  to  be  voted  for  may  be  placed  on  public  exhibition  in 


90  ELECTION  LAWS  OF  NEBRASKA 

charge  of  a  competent  instructor  in  each  election.     (1905  p.  352;  Ann.  5924; 
Comp.  3360d.) 

2303  Sec.  365.     Preparing  machine  before  polls  open. — The  election  of- 
ficers of  each  election  district  in  which  a  voting  machine  is  to  be  used  shall 
meet  at  the  polling  place  therein,  at  least  forty-five  minutes  before  the  time 
set  for  the  opening  of  the  polls  at  each  election,  and  if  not  already  done, 
arrange  in  their  proper  places  the  furniture,  stationery  and  voting  machine 
for  the  conduct  of  the  election.     The  election  officers  shall  then  and  there 
have  the  voting  machine,  the  keys  for  same,  ballot  labels  and  stationery  re- 
quired to  be  delivered  t6  them  for  such  election.     The  election  officers  shall 
thereupon  cause  the  sample  ballots  or  diagrams  and  posters  of  instruction 
as  shall  be  furnished,  to  be  posted  conspicuously  within  the  polling  place. 
If  not  previously  done,  they  shall  insert  in  their  proper  places  on  the  voting 
machine,  the  official  ballot  labels.     Before  the  polls  are  open  for  election, 
while  the  machine  is  locked  against  voting,  each  election  officer  shall  care- 
fully examine  the  seal  upon  the  operating  lever  before   it  is  broken,   and 
shall  examine  every  counter,  and  shall  certify  on  the  return  sheet,  form  2, 
as  to  the  registry  of  each  counter  including  the  protective  lock  or  counter, 
and  shall  not  permit  any  of  such  counters  to  be  operated  thereafter  except 
by  electors  in  voting;  and  the  same  shall  be  subject  to  the  inspection  of  the 
party  watchers.     If  any  counter  for  a  candidate  is  found  not  to  register 
zero  and  it  shall  be  impracticable  to  so  set  the  same,  the  election  officers 
shall  immediately  enter  upon  return  sheet,  form  2,  the  actual  registry  of  such 
counter  together  with  its  designation  and  shall  post  a  copy  of  same  in  a  con- 
spicuous position  within  the  polling  place.     After  the  close  of  the  polls,  the 
figures  so  shown  upon  such  counter  shall  be  deducted  from  the  number  appear- 
ing thereon  at  the  time  of  canvassing  the  vote,  and  the  remainder  shall  be  de- 
clared the  total  number  of  votes  cast  for  such  candidate.     If  the  number 
on  any  such  counter  shall- be  found  to  be  less  than  the  number  shown  upon 
it  at  any  time  of  opening  the  polls,  indicating  that  it  has  been  operated  up 
to  and  beyond  nine  hundred  and  ninety-nine,  the  election  officers  shall,  in 
such  case  add  one  thousand  to  such  number  before  deducting  the  number 
shown  at  the  opening  of  the  polls  and  the  result  shall  be  declared  to  be  the 
total  number  of  votes  cast  for  such  candidate.     (1905  p.   352;  Ann.  5925; 
Comp.  3360e.) 

2304  Sec.  366.    Duty  of  election  officers  and  voters. — After  the  opening 
of  the  polls,  one  of  the  election  officers  shall  stand  near  the  machine,  and 
shall  regulate  the  admission  of  voters  thereto.     He  shall  always  be  in  full 
view  of  the  election  board  and  the  party  watchers;  the  election  officers  shall 
not  allow  any  voter  to  pass  within  the  guard  rail  until  they  ascertain  that 
he  is  duly  entitled  to  vote.     Only  one  voter  at  a  time  shall  be  permitted  to 
pass  within  the   guard   rail  to   vote.     The   election   officers   shall  not  them- 
selves remain  or  permit  any  other  person  to  remain  in  any  position,  or  near 
any  position,  that  would  permit  one  to  see  or  ascertain  how  a  voter  votes, 
or  how  he  has  voted.     It  shall  be  the  duty  of  one  of  the  election  officers 
to  instruct  voters  in  the  use  of  the  voting  machines.     For  that  purpose  he 
shall  take  a  position  near  the  line  of  voters  about  to  enter  the  machine,  and 
he  shall  ask  each  voter  if  he  understands  how  to  vote,  and  to  those  who  are 
willing  to  receive  instructions,  he  shall  then  and  there  explain  the  operation 


ELECTION  LAWS  OF  NEBRASKA  91 

of  the  machine,  and  illustrate  it  by  the  instruction  model  which  he  shall 
have  with  him  and  permit  the  voters  themselves  to  operate  the  parts ;  if  it 
is  an  election  at  which  one  or  more  questions  are  to  be  voted  upon,  he  shall 
call  each  voter's  attention  thereto  and  shall  illustrate  the  method  of  voting 
the  same ;  such  instructor  shall  not  request  or  seek  to  persuade  or  induce 
any  voter  to  vote  any  particular  ticket,  or  for  any  particular  candidate, 
or  for  or  against  any  particular  question.  The  operating  of  the  voting 
machine  by  the  voter  while  voting  shall  be  secret  and  obscure  from  all 
other  persons  except  as  provided  by  this  chapter  in  cases  of  voting  by 
assisted  voters.  No  voter  shall  remain  within  the  voting  machine  booth 
longer  than  one  minute,  and  if  he  shall  refuse  to  leave  it  after  the  lapse 
of  one  minute,  he  shall  be  removed  by  the  election  officers  or  upon  their 
order  after  having  first  completed  the  registration  of  his  vote,  as  he  has 
prepared  it,  by  means  of  the  operating  lever.  No  voter  having  entered 
the  machine  and  returned  the  operating  lever,  shall  be  permitted  to  re- 
enter  the  same  on  any  pretext  whatever;  the  election  officer  stationed  be- 
side the  machine  shall  inspect  the  face  of  the  machine  after  each  voter  has 
cast  his  vote,  to  see  that  the  ballot  labels  are  in  their  proper  places  and  that 
the  machine  has  not  been  injured.  During  elections  the  door  or  other 
covering  of  the  counter  compartment  of  the  machine  shall  not  be  unlocked 
or  opened  or  the  counters  exposed  except  for  good  and  sufficient  reasons,  a 
statement  of  which  shall  be  made  and  signed  by  the  election  officers,  and 
shall  be  delivered  with  the  returns  of  the  election.  (1905  p.  353;  Ann.  5926; 
Comp.  3360f.) 

2305  Sec.  367.    Additional  instructions  to  voter. — In   case   any   voter 
after  entering  the  voting  machine  booth  shall  ask  for  further  instructions 
concerning  the  manner  of  voting,  an  election,  officer  shall  give  such  instruc- 
tions to  him;  but  no  election  officer  or  person  assisting  a  voter  shall  in  any 
manner  request,  suggest  or  seek  to  persuade   or  induce  any  such  voter  to 
vote  any  particular  ticket,  or  for  any  particular  candidate,  or  for  or  against 
any  particular  question.     After  such  instructions  have  been  given,  they  shall 
withdraw,  and  such  voter  shall  vote  as  in  the  case  of  an  unassisted  voter. 
(1905  p.  354;  Ann.  5927;  Comp.  3360g.) 

2306  Sec.   368.    Ignorant   or  disabled  voter  assisted   by   officer. — Any 
voter  who  shall  declare  that  he  is  unable  to  read  the  English  language,  or  that 
he  will  be  unable  to  operate  the  voting  machine  by  reason  of  blindness,  total 
disability  of  both  hands,  that  he  can  not  use  either  hand  for  ordinary  pur- 
poses or  by  reason  of  disease  or  crippled  condition,  the  nature  of  which  he 
must  specify,  that  he  will  require  assistance  in  voting,  shall  upon  request 
receive  the  assistance   of  two  election   officers  of  opposite  political  parties. 
Any  election  officer  or  officers  who  shall  deceive  any  disabled  voter  or  reg- 
ister his  vote  in  any  other  way  than  as  requested  or  shall  give  information 
as  to  what  ticket  or  for  what  person  or  measure  such  disabled  voter  has 
voted,  shall  be   guilty   of  wilful  fraud   and   shall   suffer  the   penalties   pre- 
scribed therefor  in  the  election  laws.     (1905  p.  355;  Ann.  5928;  Comp.  3360h.) 

2307  Sec.  369.     Irregular  ballots. — Ballots  voted  for  any  person  whose 
name  does  not  appear  on  the  machine  as  a  nominated  candidate  for  office, 
are  herein  referred  to  as  irregular  ballots;  where  two  or  more  candidates  are 
to  be  elected  to  the  same  office,  the  voting  devices  belonging  to  all  the  candi- 


92  ELECTION  LAWS  OF  NEBRASKA 

dates  for  said  office  shall  be  included  in  a  group  herein  referred  to  as  a 
multi-candidate  group;  in  all  multi-candidate  groups,  except  presidential 
electors,  the  name  of  each  nominated  candidate  shall  be  placed  upon  or 
adjacent  to  a  separate  key  or  voting  device,  and  all  split  ballots  which  are 
confined  to.  the  nominated  candidates  shall  be  voted  on  such  keys  or  voting 
devices ;  except  for  presidential  electors  no  irregular  ballot  shall  be  voted 
for  any  person  for  any  office  whose  name  appears  on  the  machine  as  a  nomi- 
nated candidate  for  that  office;  any  irregular  ballot  so  voted  shall  not  be 
counted.  An  irregular  ballot  voted  for  a  candidate  for  any  office  must  be 
cast  in  or  upon  that  part  of  the  irregular  device  provided  for  voting  on 
such  office,  or  it  shall  be  void  and  not  counted.  In  voting  for  presidential 
electors  a  voter  may  vote  an  irregular  ticket,  made  up  of  the  names  of  per- 
sons in  nomination  by  different  parties  or  partially  of  the  names  of  persons 
so  in  nomination  and  partially  of  persons  not  in  nomination,  or  wholly  of 
names  of  persons  not  in  nomination  by  any  party.  Such  irregular  ballot 
shall  be  deposited,  written  or  affixed  in  or  upon  the  receptacle  or  device  pro- 
vided on  the  machine  for  that  purpose.  Suitable  ballots  for  voting  split 
tickets  for  presidential  electors  on  voting  machines  shall  be  printed  and 
furnished  by  the  officers  whose  duty  it  is  to  provide  ballots.  Such  ballots 
shall  be  uniform,  and  shall  be  of  a  size  and  kind  as -is  best  suited  to  the 
requirements  of  the  machine  in  connection  with  which  they  are  to  be  used 
(1905  p.  355;  Ann.  5930;  Comp.  3360J.) 

2308  Sec.  370.  Return  of  results — how  made. — In  an  election  district, 
in  which  a  voting  machine  is  in  use,  no  tally  sheets  shall  be  furnished,  but 
the  record  of  the  vote  shall  be  made  in  ink  upon  return  sheets  as  herein- 
after provided.  All  return  sheets  shall  be  bound  together  in  book  form  in 
the  manner  now  provided  by  law  for  poll  books.  Each  book  shall  contain 
on  a  separate  sheet  a  statement  of  the  condition  of  the  counters,  and  the  de- 
livery of  the  keys,  signed  by  the  election  officers  of  the  election  district 
before  the  polls  are  opened ;  followed  by  a  statement  of  the  number  of  voters, 
the  return  of  each  office  and  question  voted  for,  in  the  same  order  as  the 
offices  and  questions  are  placed  upon  the  voting  machine;  followed  by  a 
certificate  that  the  record  is  correct,  which  shall  be  signed  by  the  election 
officers,  according  to  the  following  forms.  Two  books  containing  complete 
sets  of  these  sheets  shall  be  filled  out  and  placed  in  large  sealed  envelopes, 
and  shall  be  delivered  forthwith  to  the.  office  of  the  officer  to  whom  the  elec- 
tion returns  are  now  delivered. 

ELECTION  RETURNS  AND  STATEMENT  OF  CANVASS 


.Election     District, Ward Municipality 


County. 

STATE   OF   NEBRASKA. 

19. 

Time    polls    were    closed _ _ 

Time    returns    were    completed 


Form   2. 

STATEMENT    OF    THE    ELECTION    BOARD. 

CERTIFYING    TO    THE    CONDITION    OF    THE    COUNTERS    OF    THE    VOTING    MACHINE 
BEFORE  THE  OPENING   OF   THE    POLLS. 

The    undersigned    election   officers   of    the   —   election    district   of   thf   ward, 

of  Nebraska,  have  on  this  —     —  day  of ,   19 ,   before   the  opening  of 

the  polls  carefully  examined  each  of  the  individual  counters   and   the  public   counter  in   the 

voting  machine  No.  which  is  to  be  used  in  this  election  district,  and  certify  that  each 

of   the   said   counters   register   000,   except   as   stated    below;    and   further,    that   during   such 


ELECTION  LAWS  OF  NEBRASKA 


93 


each  sheet  contains  a  correct  statement  of  the  votes  cast  for  the  office  named  thereon  as 
shown  on  the  counters  of  the  voting-  machine;  and  that  the  keys  of  the  machine  have  been 
enclosed  in  an  envelope  sealed  with  a  paster  signed  by  us,  which  will  be  delivered  with 
the  returns. 

examination  the  voting-  machine  was  locked  against  voting-,  in  which  condition  it  remained 
until  the  opening-  of  the  polls. 

The  following-  counters  were  not  set  at  000.  but  read  as  follows:  .     Number  of 

the  protective   counter . 

The  keys  of  the  machine  were  delivered  to  this  board  in  a  sealed  envelope,  which  was 
opened  in  the  presence  of  the  board  on  the  morning-  of  election. 


Attest: 


Clerks. 


Judges. 


Form   3. 


ELECTION  RETURNS  AND  STATEMENT  OF  CANVASS. 


Official  statement  of  the  result  of  an  election  held  on  the  day  of  ,  19 . 

in  the  election  district  of  the  county  of  ,  State  of  Nebraska,   made  by 


the  election  board  in  and  for  said  district. 
VOTING  DONE  WITH  THE  — 


VOTING  MACHINE  NO. 


The  whole  number  of  voters  who  entered  the  voting-  machine,  as  shown  by  the  public 
counter  on  the  voting  machine,  and  verified  by  the  clerk's  list  is 


(Number  must  be  written  out  in  words.) 
(Number   in   figures)" 


Number  on    the   protective   counter   at   the  close   of  the   polls 

Form  4. 

STATEMENT   AND   RETURN   OF   THE   VOTES 
—FOR— 

THE   OFFICE   OF   

AS   SHOWN  ON   THE   COUNTERS   OF   THE  VOTING  MACHINE,    MARKED   I. 

The  whole  number  of  votes  cast  for  the  office  of 


Of  Which 

Ballot    and 
Counter  Marked 

Number  to  be  Written 
Out    in    Words 

Column  for  Fig-ures 

1   A   Received 

1    B 

1    C 

1    D 

1    E 

No  nomination  

1    F 

No  nomination  

1    G 

Irregular    

Total  

Clerks  will  record  the  number  on  each  counter  on  every  row  from  A  to  G  inclusive. 
To  be  followed  by  as  many  sheets  of  Form  4  as  there  are  candidates  to  be  elected. 

Form  5. 

STATEMENT   AND   RETURN   OF   THE   VOTE   CAST. 

ON   QUESTION   NUMBER    1. 
(Statement    of    Question) 


Counter    marked    1    Yes    registered. 


(In  numbers.) 


Counter  marked   1   No  registered.... 


(Number  to  be  written  out  in  words). 


(In  numbers.) 

(Number  to  be  written  out  in  words). 


Form  6. 


RETURNS  AND  STATEMENT  OF  CANVASS.   CERTIFICATE 


of 


We,  the  undersigned  election  officers  of  the 


-,  certify  that  the  statement  of  canvass  on  the 


election  district  of  the 


—  ward 


return  sheets  of  this  book  was 


(Number  of.) 

called  off  by  one  of  the  election  officers  from  the  counters  of  the  voting  machine,  and  re- 
corded in  the  book  by  the  clerks;  and  that  another  of  the  election  officers  then  called  off  the 
numbers  as  shown  on  the  counters,  which  were  recorded  by  the  clerks  in  the  additional 
book:  and  that  each  of  the  books  has  been  carefully  compared  with  the  other,  and  that 

Dated   this  day   of  ,    19 . 

Attest: 


-Clerks. 


Judges. 


94  ELECTION  LAWS  OP  NEBRASKA 

As  soon  as  the  polls  of  the  election  are  closed,  one  of  the  election  officers 
shall  immediately  lock  the  operating  lever  and  the  machine  against  voting, 
with  the  locks  provided  therefor,  also  seal  the  operating  lever,  and  open  the 
counting  compartment  in  the  presence  of  the  watchers  and  all  other  persons 
who  may  be  lawfully  within  the  polling  place,  giving  full  view  of  all  the 
counter  numbers.     One   of   the   election   officers   shall,   in   the   order   of  the 
offices  as  their  titles  are  arranged  on  the  machine,  read  and  announce  in 
distinct  tones  the  result  as  shown  by  the  counter  numbers,  giving  the  des- 
ignation of  each  counter,  reading  the  votes  recorded  for  each  office  on  the 
regular  ballots;   also   the  numbers   registered   on   the   counters   opposite   no 
nominations  or  blank  spaces  and  on  all  unused  party  rows,  to  the  length  of 
the  printed  ballot  label.     The  counters  shall  not  in  any  case  be  read  con- 
secutively along  the  party  rows  or  columns,  but  shall  always  be  read  along 
the  office  columns  or  rows  and  across  the  party  rows  -or  columns,  and  the 
vote  as  registered  shall  be  entered  upon  the  return  sheets  in  the  same  order 
upon  the  line  which  has  the  same  designation.     The   election   officers  shall 
also  read  the  votes  recorded  for  each  office  on  the  irregular  ballots.     They 
shall  in  the  same  manner  announce  the  vote  on  each  question.     Each  clerk 
shall  simultaneously  and  independently  enter  in  ink  the  vote  on  the  official 
return  sheets  as  it  is  announced  by  the  judge,  and  no  official  return  of  any 
kind  shall  be  made  up  from  any  other  paper  or  record,  but  shall  in  every 
case  be  made  directly  from  the  counters  on  the  machine.     The  judge  shall 
call  the  votfes  deliberately,  indicating  each  counter  by  its  designation,  and 
the  clerks  shall  in  every  case  record  the  vote  in  figures  in  the  place  on  the 
return  sheet  for  that  office,  and  shall  call  back  the  number  of  votes,  the 
name  of  the  candidate  for  whom  such  vote  is  recorded,  and  the  designation 
of  such  counter.     The  return  sheets  shall  be  compared  with  one  another,  and 
the  vote  for  each  candidate  shall  then  be  written  in  ink  in  full  after  his 
name,  next  to  the  figures  as  called  from  the  counters.     The  written  state- 
ments or  returns  so  made,  shall  be  properly  signed,  and  then  be  distinctly 
and  clearly  read  in  the  hearing  of  all  persons  present,  the  counter  compart- 
ment of  the  machine  shall  remain  open  at  least  one  hour  from  the  time  of 
the  closing  of  the  polls  and  until  the  adjournment  of  the  board,  and  ample 
opportunity   shall   be    given   to    compare   the    results   so    certified   with   the 
counters  of  the  machine  and  to  make  any  necessary  corrections.     The  num- 
ber registered  on  the  protective  counter  at  the  close  of  the  polls  shall  be 
recorded  on  the  return  sheets.     Before  the  adjournment  of  the  board  the 
doors  of  the  machine  shall  be  locked  and  the  keys  shall  be  enclosed  in  an 
envelope  which  shall  be  securely  sealed  with  a  paster  signed  by  the  election 
officers,  on  which  shall  be  written  the  number  of  the  machine,  and  the  elec- 
tion district  and  ward  in  which  it  has  been  used;  and  such  envelope  shall 
be  delivered  with  the  returns.     All  keys  for  voting  machines  when  not  in 
use  shall  be  kept  securely  locked  by  the  official  having  them  in  charge.     It 
shall  be  unlawful  .for  any  unauthorized  person  to  have  in  his  possession  any 
key  or  keys  of  any  voting  machine ;  and  all  election  officers  or  persons  en- 
machine  therefore  shall  not  retain  them  longer  than  necessary  to  use  them 
trusted  with  such  keys  for  election  purposes  or  for  the  preparation  of  the 
for  such  legal  purpose.     (1905  p.  356 ;  Ann.  5931 ;  Comp.  3360k.) 


ELECTION  LAWS  OF  NEBRASKA 


96 


2309  Sec.  371.    Return  of  irregular  ballots.— Whenever  irregular  bal- 
lots have  been  voted,  the  election  officers  shall  return  all  of  such  ballots  in 
a  properly  sealed  package  endorsed  "irregular  ballots,"  and  file  such  pack- 
age with  the  election  returns;  it  shall  be  preserved  for  six  months  aftjr  such 
election,  and  may  be  opened  and  its  contents  examined  only  upon  order  of 
a  court  of  competent  jurisdiction;  and  at  the  expiration  of  such  time,  such 
ballots  may  be  disposed  of  in  the  discretion  of  the  officer  or  board  having 
charge   of  them.     Nothing  in  this  article  shall  prohibit  the  officers  having 
charge  of  the  election  on  the  written  request  of  any  of  the  candidates,  from 
opening  the  door  of  the  counter  compartment  in  the  presence  of  representa- 
tives of  the  local  party  organization  after  such  elections;  but  in  no  case, 
for  a  period  of  thirty  days,  shall  any  portion  of  the  voting  mechanism  be 
unlocked  or  disturbed  except  by  order  of  a  court  of  competent  jurisdiction. 
(1905  p.  361 ;  Ann.  5932 ;  Comp.  3360 1.) 

2310  Sec.  372.    General  election  law  apply  to  machine  voting. — All  laws 
relating  to  elections  now  in  force  in  this  state,  shall  apply  to  all  elections  under 
this  article,  so  far  as  the  same  may  be  applicable  thereto;  and  so  far  as  any 
laws  or  parts  of  laws  now  in  being  are  inconsistent  with  or  repugnant  to  this, 
the  same  are  hereby  declared  to  have  no  application  to  elections  held  with 
voting  machines.     (1905  p.  362;  Ann.  5934;  Comp.  3360n.) 


ARTICLE  XVIII. 


ELECTION  COMMISSIONER. 
(APPLICABLE    TO    COUNTIES    OF    OVER    150,000    POPULATION.) 


SECTION 

2311.  Election     commissioner  —  appointment 

— qualifications — bond — power. 

2312.  Vacancies — removal. 

2313.  Office — supplies — records. 

2314.  Deputies    —    assistants    —    inspectors 

— appointment. 

2315.  Responsibility     of     commissioner — ne- 

glect   of    duty — removal. 

2316.  Election     judges     and     clerks — oath — 

duties — removal. 

2317.  Same — notice    of    appointment — objec- 

tions— refusal   to   serve. 

2318.  Registration    of    voters — supervisors — 

inspectors  —  appointment  —  qual- 
ifications. 

2319.  Lists    of    voters    —    prepared    by    pre- 

cincts. 

2320.  Registration  registers — change  of  res- 

idence— challenges. 


SECTION 

2321.  Oaths   and   affirmations. 

2322.  Registration    registers — form. 

2323.  Registration   of  voters — oath 

2324.  Same — errors — revision. 

2325.  Checking    registers    at    elections — vot- 

ing by  certificate. 

2326.  Supplies — expenses. 

2327.  Election   districts. 

2328.  Notices    of    elections    served    on    com- 

missioner. 

2329.  Certificates    of    nominations,     etc.,     — 

election    expenses — where    filed. 

2330.  Advertisements — notices,   etc.,   of  elec- 

tions issued  by  commissioner 

2331.  Salaries. 

2332.  Ballots — voting — assisting    voter. 

2333.  Construction   of  law — effect  of   uncon- 

stitutionality. 

2334.  Repealing  clause. 


2311  Sec.  373.  Election  commissioner — appointment — qualifications — 
bond — power. — There  is  hereby  created  the  office  of  election  commissioner 
for  each  county  having  a  population  of  one  hundred  fifty  thousand  or  more, 
and  all  of  the  rights,  powers,  authority,  duties  and  obligations,  by  law,  vested 
in  and  imposed  upon  any  officer  or  officers  of  any  such  county  or  any  political 
subdivision  thereof  or  therein,  with  respect  to  general,  city,  special  primary 
elections  and  registrations  of  voters  in  such  counties  or  any  political  sub- 
division thereof  or  therein,  excepting  elections  held  for  school  district,  village 
and  city  officers  and  purposes  in  districts,  villages  and  cities  outside  of  cities 
of  the  metropolitan  class,  and  cities  of  the  first  class,  and  excepting  the  fixing 


96  .ELECTION  LAWS  OF  NEBRASKA 

of  the  time  and  calling  of  special  election,  shall  be  vested  in  and  imposed 
upon  such  commissioner.  Within  thirty  days  after  this  bill  shall  have  become 
a  law,  the  governor  of  Nebraska  shall  appoint  for  each  of  said  counties  such 
election  commissioner  who  shall  hold  office  until  December  31,  1915,  and  until 
his  successor  is  commissioned  and  qualified.  Successors  shall  be  appointed  in 
like  manner  and  their  term  of  office  shall  be  two  years  and  until  their  suc- 
cessors are  commissioned  and  qualified.  Such  commissioner  shall  be  a  legal 
voter,  and  resident  of  such  county  for  at  least  five  years  and  be  of  good  moral 
character  and  of  approved  integrity  and  capacity.  No  person  who  is  a  can- 
didate for  any  office  or  is  a  deputy  or  clerk  or  employee  of  any  office  or  person 
who  is  a  candidate  for  election  shall  be  eligible  for  the  office  of  election  com- 
missioner; and  he  shall  hold  no  other  office  and  shall  be  ineligible  to  any 
elective  or  appointive  office  or  to  become  a  candidate  therefor  during  his  term 
of  office  or  within  three  months  after  the  term  for  which  he  has  been  ap- 
pointed has  expired  whether  he  shall  serve  the  full  term  or  not,  and  he  shall 
before  entering  upon  the  duties  of  said  office  take  and  subscribe  an  oath  in  the 
form  provided  by  law,  and  give  bond  to  the  state  in  the  sum  of  ten  thousand 
dollars  to  be  approved  by  the  governor  conditioned  for  the  faithful  and  honest 
performance  of  the  duties  of  said  office  and  the  care  and  preservation  of  the 
property  thereof;  such  oath  of  office  and  bond  to  be  filed  in  the  office  of  the 
secretary  of  state.  Said  election  commissioner  shall  make  all  necessary  rules 
and  regulations  not  inconsistent  with  this  article  in  regard  to  general,  city, 
special  and  primary  elections,  and  registration  of  voters  in  such  counties,  and 
shall  have  charge  of  and  make  provisions  for  all  elections,  general,  special, 
local,  municipal,  city,  state  and  county  and  all  others  of  every  description  to 
be  held  in  such  county  or  any  part  or  political  subdivision  thereof  at  any  time, 
except  as  herein  otherwise  provided.  (1913  p.  116.) 

2312  Sec.  374.     Vacancies — removal. — In  case  of  vacancy  in  the  office  of 
election  commissioner,  the  same  shall  be  filled  in  the  same  manner  and  form 
as  provided  for  the  appointment  of  the  election  commissioner  in  this  article, 
and  he  shall  serve  for  the  unexpired  part  of  the  term.     The  said  commissioner 
shall  be  subject  to  removal  by  the  governor  of  Nebraska  at  any  time  for  in- 
competency  or  for  conduct  which  shall  be  prejudicial  to  the  public  interest, 
whereby  a  vacancy  shall  be  declared  in  said  office  and  shall  be  filled  as  herein 
provided.     (1913  p.  117.) 

2313  Sec.  375.     Office— supplies— records.— It  shall  be  the  duty  of  the 
board  of  county  commissioners  of  each  county  governed  by  the  provisions 
hereof,  to  provide  an  office  for  the  election  commissioner  suitable  for  the  pres- 
ervation of  the  records  of  his  office,  and  the  performance  of  the  duties  devolv- 
ing upon  such  commissioner;  and  the  expense  of, providing  and  furnishing 
such  office  shall  be  a  county  charge. 

All  books,  documents,  papers,  records  and  election  appliances  or  appur- 
tenances held  or  used  by  or  under  the  control  of  any  officer  or  officers  of  any 
county  governed  by  the  provisions  hereof,  or  of  any  city  or  political  sub- 
division thereof,  or  therein,  and  relating  to  or  used  in  the  conducting  of  gen- 
eral, city,  special  or  primary  elections  and  registration  of  voters  shall,  upon 
request  of  the  election  commissioner,  be  transferred  to  the  care,  custody  and 
control  of  such  commissioner.  (1913  p.  117.) 


ELECTION  LAWS  OF  NEBRASKA  97 

2314  Sec.     376.    Deputies — assistants — inspectors — appointment. — Such, 
election  commissioner  shall  appoint  a  chief  deputy  commissioner  who  shall  be 
a  member  of  a  political  party  other  than  the  one  with  which  the  election  com- 
missioner affiliates,  and  polling  the  highest  number  of  votes  at  the  preceding 
general  election  for  governor.     Such  deputy  commissioner  shall  hold  his  office 
during  the  pleasure  of  said  commissioner  and  he  shall  give  a  bond  to  the 
state  in  the  sum  of  five  thousand  dollars  with  security  to  be  approved  by  the 
governor  conditioned  for  the  faithful  performance  of  the  duties  of  said  office. 
The  chief  deputy  may  perform  all  the  duties  of  the  commissioner's  office,  and 
shall  perform  such  duties  as  the  election  commissioner  shall  direct ;  such  elec- 
tion commissioner  shall  appoint  such  other  deputies,  inspectors  of  election, 
supervisors  of  registration,  peace  officers,  to  serve  at  election,  and  such  other 
assistants  as  may  be  necessary  for  the  performance  of  the  duties  of  his  office, 
the  registration  of  voters,  and  the  conduct  of  elections  in  such  counties.     Such 
employees  shall  be  divided  between  all  political  parties  as  nearly  as  practic- 
able in  proportion  to  the  number  of  votes  cast  in  said  county  at  the  preceding 
general  election  for  the  office  of  governor  by  said  parties,  respectively.     (1913 
p.  118.) 

2315  Sec.   377.    Responsibility   of   commissioner — neglect   of   duty — re- 
moval.— Said  commissioner  shall  be  responsible  for  the  enforcement  of  the 
provisions   of  this  law,   for  the   competency,   integrity   and   conduct   of   his 
deputy,  clerks,  employees  and  all  registration  and  election  officials  appointed 
by  him ;  and  said  commissioner  shall  be  removed  when  it  shall  appear  that  said 
commissioner  has  been  derelict  in  the  performance  of  the  duties  of  his  office, 
whereby  incompetent,  negligent  or  corrupt  officers  of  registration  or  election 
have  been  appointed  or  whereby  in  any  election  district  of  said  county  a  fair 
and  impartial  registration  or  election  was  not  obtained  or  the  election  laws 
not  enforced.     (1913  p.  118.) 

2316  Sec.   378.    Election  judges   and   clerks — oath — duties — removal. — 

The  election  commissioner  shall,  using  his  own  judgment  and  discretion  and 
not  restricted  by  any  recommendation  whatever,  at  least  thirty  days  prior  to 
the  first  general,  city,  special  or  primary  election  after  this  article  becomes  a 
law,  select  and  appoint  three  qualified  persons  as  judges  of  election  for  each 
election  district  in  such  county.  They  shall  be  meli  of  good  repute  and  charac- 
ter, able  to  read  and  write  the  English  language,  and  qualified  electors  of  the 
county  or  city  in  which  such  election  is  held.  No  person  shall  be  appointed  a 
judge  or  clerk  of  election  who  is  a  candidate  for  office  at  such  election,  or  who 
is  in  the  public  employ  in  any  capacity,  or  who  holds  a  license  for  the  sale 
of  intoxicating  liquors,  or  who  is  in  the  employ  of  any  such  licensee ;  two  clerks 
of  election  for  each  district  shall  also  be  selected  and  appointed  at  the  same 
time  who  shall  possess  the  same  qualifications  as  the  judges  aforesaid.  Before 
entering  upon  the  duties  of  their  offices  each  judge  and  clerk  so  appointed 
shall  take  and  subscribe  a  like  oath  as  that  taken  and  subscribed  by  the  elec- 
tion commissioner.  Such  judges  and  clerks  shall  be  appointed  for  a  term 
ending  thirty  days  prior  to  the  next  general  state  election  after  the  election 
for  which  they  wrere  appointed  to  serve,  and  shall,  during  said  term,  serve  as 
judges  and  clerks  at  all  general,  city,  special,  municipal  and  primary  elections 
I  in  such  counties.  "Where  a  vacancy  in  the  office  of  judge  or  clerk  shall  occur 
from  any  cause,  said  commissioner  shall  make  an  appointment,  as  herein  pro- 


98  ELECTION  LAWS  OF  NEBRASKA 

vided,  to  fill  such  vacancy.  If  any  judge  or  clerk  fails  to  appear  at  the  hour 
appointed  for  the  opening  of  the  polls,  the  remaining  officers  shall  proceed  to 
conduct  the  election  and  notify  the  election  commissioner,  and  he  shall  send 
a  substitute  forthwith.  Two  of  said  judges  and  one  of  said  clerks  of  election 
shall  belong  to  the  political  party  which  at  the  last  general  state  election  cast 
the  highest  number  of  votes  in  the  county  for  governor,  and  one  of  said 
judges  and  one  of  said  clerks  of  election  shall  belong  to  the  political  party 
which,  at  said  state  election,  polled  the  next  highest  number  of  votes  in  the 
county  for  governor.  If  any  person  holding  the  position  of  judge  or  clerk 
of  election  is  found  in  the  judgment  of  the  commissioner  not  to  possess  all 
qualifications  prescribed  in  this  article,  or  if  any  such  judge  or  clerk  shall  be 
guilty  of  neglecting  the  duties  of  his  office  or  of  any  official  misconduct,  then 
such  person  shall  be  removed  forthwith  by  the  commissioner  and  the  vacancy 
immediately  filled.  Said  election  commissioner  may  also  appoint,  at  such  time 
as  shall  be  necessary,  persons  qualified  as  herein  specified  to  serve  in  case  of 
vacancy  among  any  of  said  judges  or  clerks,  or  with  and  in  addition  to  said 
officers  in  any  election  district  wherein  it  may  be  deemed  necessary  by  the 
commissioner  to  meet  an  emergency  to  have  additional  officers,  not  exceeding 
two,  in  any  election  district  to  carry  into  effect  the  provisions  of  this  article. 
(1913  p.  119.) 

2317  Sec.  379.  Same— notice  of  appointment — objections— refusal  to 
serve. — At  the  time  of  such  appointment  of  judges  and  clerks,  except  to  fill 
vacancies,  or  to  supplement  regular  boards  in  case  of  emergency,  the  election 
commissioner  shall  publish  for  one  day  in  three  newspapers  published  in  a 
city  having  a  population  of  one  hundred  thousand  or  over,  and  in  one  news- 
paper in  a  city  having  a  population  of  twenty-five  thousand  or  over,  in  such 
county,  in  the  English  language,  a  notice  stating  that  the  persons  mentioned 
below  have  been  appointed  to  act  as  judges  and  clerks  in  the  various  election 
districts  enumerated,  at  all  elections  to  be  held  during  their  term  of  office ;  and 
they  should  have  the  qualifications  by  law  required  herein  for  judges  and 
clerks,  setting  forth  the  same,  and  stating  to  which  party  they  are  respectively 
supposed  to  belong,  and  requesting  all  persons  to  inform  the  election  commis- 
sioner as  to  any  want  of  qualifications  on  the  part  of  any  judge  or  clerk  men- 
tioned ;  that  on  a  day  named  'in  said  notice,  which  shall  be  not  more  than  five 
days  after  the  date  of  publication,  the  election  commissioner  will  be  in  his 
office  for  the  purpose  of  examining  into  any  objections  made  as  to  the  qualifi- 
cations of  any  judge  or  clerk.  Said  notice  shall  further  state  that  the  office 
of  the  Qommissioner  will  be  open  from  9  A.  M.  to  9  P.  M.  to  hear  said  objections, 
and  if  all  objections  to  the  qualifications  of  judges  and  clerks  are  not  disposed 
of  on  said  day,  the  commission  will  sit  from  day  to  day  until  the  same  are  all 
determined  and  further  that  any  person  found  disqualified  will  be  removed. 
Each  and  every  person,  appointed  by  the  election  commissioner  for  deputy 
commissioner,  inspector  of  election,  judge  or  clerk  of  election  or  supervisor  of 
registration,  under  this  article,  shall  be  notified  of  said  appointment  by  reg- 
istered letter  and  shall,  at  a  time  fixed  in  said  notice,  before  the  election  com- 
missioner, and  if  found  qualified,  unless  excused  by  reason  of  ill  health 
or  other  good  and  sufficient  reason,  serve  as  such  officer  for  the  term  of  his 
appointment ;  and  in  case  of  the  neglect  or  refusal  of  any  such  person  to  serve 
or  act,  unless  excused  as  aforesaid,  the  said  person  shall  be  deemed  guilty  of 


ELECTION  LAWS  OF  NEBRASKA  99 

a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  in  any  sum  not  less 
than  fifty  dollars  nor  more  than  two  hundred  dollars  and  shall  stand  com- 
mitted until  such  fine  and  the  costs  are  paid ;  and  it  is  hereby  made  the  duty 
of  the  election  commissioner  to  make  complaint  against  any  and  all  election 
officers  so  offending.  (1913  p.  120.) 

2318  Sec.     380.    Registration    of    voters — supervisors — inspectors — ap- 
pointment— qualifications. — The  election  commissioner,  the  chief  deputy  com- 
missioner and  such  other  deputies  and  employees  as  the  election  commissioner 
shall  designate  as  supervisors  of  registration,  shall  be  supervisors  of  registra- 
tion in  said  cities  and  shall  serve  as  the  election  commissioner  may  direct. 

The  election  commissioner  shall  appoint  an  inspector  for  each  election 
district  to  be  present  in  the  polling  booth  during  all  elections,  acting  as  the 
personal  representative  and  deputy  of  the  election  commissioner  in  the  election 
district  to  which  they  shall  be  respectively  assigned  by  the  said  commissioner. 
It  shall  be  the  duty  of  such  inspector  to  enforce  the  laws  relating  to  elections 
and  see  that  all  proceedings  are  in  accordance  with  the  instructions,  rules,  reg- 
ulations and  laws,  and  to  challenge  any  voter  whose  name  does  not  appear  on 
the  election  register  or  who  he  has  reason  to  believe  is  impersonating  a  per- 
son whose  name  appears  on  the  register  or  is  attempting  to  vote  illegally.  It 
shall  also  be  his  duty  to  see  that  the  judges  and  clerks  obey  the  law  in  every 
particular  and  conduct  the  canvass  of  the  votes  as  provided  by  law  and  make 
prompt  returns  thereof  to  the  election  commissioner. 

Insofar  as  it  is  possible,  the  election  commissioner  shall  appoint  the  same 
persons  as  supervisors  of  registration  and  inspectors  of  election,  and  insofar 
as  it  is  practicable,  the  deputy  commissioner  who  conducted  the  canvass  as  pro- 
vided for  in  this  article  for  any  election  district  shall  also  serve  as  deputy  com- 
missioner or  inspector  of  elections  for  such  election  district.  Every  super- 
visor and  inspector  appointed  by  the  commissioner  must  have  the  same  qual- 
ifications as  to  character,  competency  and  integrity  as  provided  for  judges  and 
clerks,  with  the  further  provision  that  the  said  officials  who  prepare  the  reg- 
isters shall  write  legibly,  and  all  election  officials  and  supervisors  of  registra- 
tion and  inspectors  of  election  shall,  upon'  receiving  notice  of  appointment,  re- 
port to  the  office  of  the  election  commissioner  at  a  time  specified  by  him  to 
be  examined  as  to  their  qualifications,  receive  instructions,  as  to  their  duties 
and  take  the  oath  prescribed  by  law  and  receive  a  certificate  of  appointment 
from  the  election  commissioner.  (1913  p.  121.) 

2319  Sec.   381.     Lists  of  voters— prepared  by  precincts. — The  election 
commissioner,  starting  as  soon  as  practicable  after  this  law  becomes  effective 
and  again  on  the  first  day  of  September  of  every  year  in  which  is  held  a  gen- 
eral state  election,  by  the  aid  and  assistance  of  deputy  commissioners  ap- 
pointed by  him,  as  herein  provided  not  to  exceed  one  for  each  district,  shall 
visit  every  building  in  each  city  within  said  county  wherein  registration  is 
required,   and  after  diligent  inquiry  make  true  lists  by  streets,  wards  and 
voting  districts  of  the  name,  age,  occupation,  place  of  occupation,  residence 
and  period  of  residence,  at  the  time  of  taking  of  the  canvass,  of  every  male 
person  twenty-one  years  of  age  or  upward,  or  who  is  or  will  be  at  the  next 
ensuing  general  election  a  qualified  voter.     Said  commissioner  shall  designate 
in  such  lists  all  buildings  used  as  residences  by  such  male  persons,  in  their 
order  on  the  street  where  they  are  located  by  giving  the  number  or  other  defin- 


100  ELECTION  LAWS  OF  NEBRASKA 

nite  description  of  every  such  building  so  that  it  can  be  readily  identified  and 
shall  place  opposite  the  number  or  other  description  of  every  such  building 
the  name,  age,  and  occupation  of  every  such  male  person  residing  therein  at 
the  time  of  the  canvass,  which  lists  shall  be  used  for  checking,  revising  and 
correcting  registration.  (1913  p.  122.) 

2320  Sec.  382.  Registration  registers — change  of  residence — challenges. 
—As  soon  as  the  first  canvass  provided  for  in  this  article  has  been  completed, 
the  election  commissioner  shall  provide  for  a  new  general  registration  of  all 
voters  in  the  county,  who  may  be  required  by  law  to  register.  He  shall 
furnish  the  necessary  records  as  provided  by  this  article,  which  records  shall 
be  known  as  the  permanent  registration  register.  The  permanent  registration 
registers  shall  be  kept  in  duplicate  and  marked  respectively  "original"  and 
"duplicate."  The  original  shall  remain  in  the  office  of  the  election  commis- 
sioner ;  the  duplicate  shall  be  the  one  taken  to  and  used  in  the  various  election 
districts  for  election  purposes.  Any  person  properly  registering  as  a  voter 
shall  not  be  required  to  again  register  in  said  county  unless  he  changes  his 
residence.  When  any  registered  voter  shall  change  his  residence  from  one 
voting  district  to  another,  such  change  of  residence  shall  operate  as  a  cancel- 
lation of  his  registration  and  he  must  again  register  before  he  shall  be  per- 
mitted to  vote. 

The  office  of  the  commissioner  shall  remain  open  during  the  usual  business 
days  of  the  entire  year  for  purposes  of  gereral  registration  and  for  the  trans- 
action of  the  business  of  said  office. 

The  election  commissioner  may  further  provide  such  other  places  of  reg- 
istration as  in  his  judgment  the  best  interests  of  the  service  may  require, 
which  other  places  shall  be  opened  at  such  time  and  during  such  hours  as  he 
may  direct.  Notice  whereof  shall  be  given  by  publication  in  three  of  the  lead- 
ing daily  papers  of  the  county. 

It  is  hereby  made  the  duty  of  the  election  commissioner  to  verify  the  reg- 
istration in  each  election  district,  through  the  various  inspectors,  within  the 
ten  days  next  preceding  each  and  every  general  state  and  regular  city  elec- 
tion and  at  such  other  times  as  the  election  commissioner  may  deem  necessary, 
and  he  shall  thereupon  enter  or  cause  to  be  entered  the  word  "challenged"  op- 
posite the  name  of  any  voter  reported  by  said  inspector  as  unlawfully  reg- 
istered; and  such  entry  shall  not  be  cancelled  nor  the  person  so  challenged 
permitted  to  vote  without  evidence  being  produced  in  writing  and  filed  with 
said  commissioner  or  inspector  showing  the  correctness  of  his  registration, 
which  evidence  shall  be  in  the  form  of  an  affidavit,  the  filing  of  which  shall  be 
entered  thus  "affidavit,"  opposite  the  name  of  the  voter  so  challenged,  which 
affidavit  shall  be  signed  by  the  person  challenged  and  by  two  regularly  reg- 
istered voters  of  the  district  and  shall  state  facts  sufficient  to  show  the  cor- 
rectness of  his  registration.  Whereupon  such  commissioner  or  inspector  shall 
make  entry  "challenge  withdrawn"  opposite  the  name  of  such  voter.  Upon 
the  entry  of  any  such  challenge  against  a  person  whose  name  appears  upon  the 
registration  records,  the  commissioner  shall  send  a  notice  over  his  signature, 
through  the  mail,  duly  stamped,  to  all  such  persons  against  whose  names  a 
challenge  has  been  entered  at  the  address  given  upon  said  registration  rec- 
ords, requiring  such  person  to  appear  before  the  election  commissioner  or  in- 
spector, to  verify  his  registration  under  oath,  and  upon  his  failure  so  to  appear 


ELECTION  LAWS  OF  NEBRASKA 

within  one  year  thereafter,  or  to  file  with  said  commissioner  an' affidavit '' 
forth  a  good  and  sufficient  reason  for  not  appearing  in  person,  and  setting 
forth  facts  showing  the  correctness  of  such  registration,  verified  by  two  reg- 
istered voters  of  the  same  district  as  such  voter,  the  said  registration  shall  be 
cancelled.  Two  copies  of  the  registration  record  of  each  district,  as  it  shall 
be  made  up  and  appear  ten  days  before  any  election,  shall  be  provided  by 
said  commissioner  for  the  use  of  judges  and  clerks  of  election  in  their  re- 
spective districts  on  election  day,  said  copies  to  be  known  as  election  registers. 
(19JLJ5  p.  122.) 

2321  Sec.  383.     Oaths  and  affirmations. — The  election  commissioner,  dep- 
uty commissioners,  judges  of  election,  supervisors  of  registration  and  election 
inspectors  are  hereby  authorized  to  administer  all  oaths  and  affirmations  re- 
quired or  necessary  in  the  administration  of  this  article.     (1913  p.  124.) 

2322  Sec.  384.     Registration  registers— form.— It  shall  be  the  duty  of  the 
election  commissioner  to  cause  to  be  prepared  records  for  the  registration  of 
names  and  facts  required  by  this  article :     Said  records  to  be  known  by  the 
general  name  of  registers  and  to  be  so  arranged  as  to  admit  of  the  entering 
under  the  name  of  each  street  or  avenue  in  each  election  district,  the  number 
of  each  dwelling  on  any  such  street  or  avenue,  if  there  be  a  number  thereto,  and 
if  there  be  no  number,  then  under  such  definite  description  of  the  location  of 
the  dwelling  place  as  shall  enable  it  to  be  readily  found,  the  names  of  all  legal 
voters  in  each  dwelling  in  each  of  said  districts  applying  for  registration. 
Such  register  shall  be  ruled  in  parallel  columns,  in  which,  opposite  the  name 
of  every  applicant  for  registration,  shall  be  entered  the  words  and  figures 
hereinafter  provided  in  this  article.     Said  registers  shall  be  suitably  ruled  and 
shall  have  columns  entitled  as  follows : 

Number;  Full  name;  Age;  Present  place  of  residence;  Street  No.,  Room,  Floor;  Place 
of  residence  at  last  registration;  Occupation;  Term  of  residence;  Nativity;  Naturalized, 
when;  Court;  Married  or  single;  Personal  description;  Color  hair;  Color  Eyes;  Apparent 
weight;  Apparent  height;  Other  means  of  identification;  Date  of  application  for  registra- 
tion; Date  registry  approved;  Sworn;  Signature  of  voter;  Party  affiliation;  Remarks. 

(1913  p.  124.) 

2323  Sec.  385.     Registration  of  voters — oath. — The  election  commission^ 
er  or  the  deputy  commissioner  acting  for  him  shall  receive  th«  application  for 
registration  of  all  such  legal  voters  as  shall  personally  apply  for  registration 
at  the  office  of  the  commissioner  or  other  places  designated  for  registration, 
who  then  are,  or  on  the  day  of  election  next  following  the  day  of  making 
such  application,  will  be  entitled  to  vote.     Any  person  serving  as  supervisor 
of  registration  shall  administer  to  all  persons  who  may  personally  apply  to 
register  the  following  oath  or  affirmation,  viz. : 

You  do  solemnly  swear  or  affirm  that  you  will  fully  and  truly  answer  all  such  ques- 
tions as  shall  be  put  to  you,  touching  your  place  of  residence,  name,  place  of  birth,  your 
qualifications  as  an  elector,  and  all  other  questions  provided  for  by  the  laws  of  this  state 
affecting  your  right  to  register  and  vote  therein. 

They  shall  then  examine  the  applicant  as  to  his  qualifications  as  an  elector, 
and,  unless  otherwise  provided  herein,  shall  immediately  in  the  presence  of  the 
applicant,  enter  in  the  registers  the  statements  and  acts,  as  above  set  forth,  and 
in  the  manner  following,  viz. : 

First — Under  the  column  "Residence"  the  name  and  number  of  the  street, 
avenue,  or  other  location  of  the  dwelling  if  there  be  a  number;  but  if  there 
shall  not  be  a  number,  then  such  clear  and  definite  -description  of  the  location 


1C2 


ELECTION  LAWS  OF  NEBRASKA 


of  such  dwelling  as  shall  enable  it  to  be  readily  found;  and  if  there  be  more 
than  one  family  residing  in  the  dwelling  named  by  the  applicant,  in  such  case 
the  said  applicant  shall  give  the  floor  on  which  he  resided  (every  floor  below 
the  level  of  the  ground  being  designated  as  the  basement,  the  first  floor  on  or 
above  such  level,  the  first  floor,  and  each  floor  above  that  as  the  second 
or  such  other  floor  as  it  may  be),  or  the  number  or  location  of  the.  rooms  oc- 
cupied by  the  applicant  and  whether  front  or  rear. 

Second — under  the  column  "Address"  the  name  of  the  applicant  giving 
the  surname  and  Christian  name  in  full;  and  said  names  shall  be  kept  by 
streets  and  avenues  as  far  as  the  same  can  be  done; 

Third— under  the  column  "Sworn"  the  word  "Yes"  or  "No"  as  the  case 
may  be; 

Fourth — under  the  column  of  "Nativity"  the  state,  country,  kingdom, 
empire  or  dominion,  as  the  facts  shall  be  stated  by  the  applicant ; 

Fifth— under  the  column  "Color"  the  word  "White"  or  "Black"  as  the 
case  may  be; 

Sixth — under  the  subdivision  of  the  general  column  of  "Term  of  Resi- 
dence," the  periods  by  months  or  years  stated  by  the  applicant  in  response 
to  the  inquiries  made  for  the  purposes  of  ascertaining  his  qualifications  and 
filling  such  columns ; 

Seventh — under  the  column  "Naturalized"  the  word  "Yes"  or  "No"  or 
"Native"  as  the  fact  may  be  stated: 

Eighth — under  the  column  "Date  of  Papers"  the  date  of  naturalization  if 
naturalized,  as  the  same  shall  appear  by  the  evidence  of  citizenship  submitted 
or  presented  by  the  applicant  in  compliance  with  the  requirements  of  this 
article ; 

Ninth — under  the  column  "Court"  the  designation  of  the  court  in  which, 
if  naturalized,  such  naturalization  was  done,  as  the  same  shall  appear  by  the 
evidence  of  citizenship  presented  or  submitted  by  the  applicant  in  compliance 
with  the  requirements  of  this  article ; 

Tenth— under  the  column  "Qualified  Voter"  the  word  "Yes"  or  "No" 
as  the  facts  shall  appear  and  be  determined  by  at  least  two  of  the  said  super- 
visors, it  being,  however,  required  of  said  supervisors  to  designate  as  a  qual- 
ified voter  any  person,  who,  being  otherwise  qualified,  shall  not,  at  the  time  of 
making  the  application  be  of  age :  Provided,  the  time  when  such  applicant 
shall  be  of  the  age  of  twenty-one  shall  be  subsequent  to  the  date  of  his  making 
application  and  not  later  than  the  day  of  the  election  immediately  following 
such  time  of  applying; 

Eleventh — under  the  column  "Date  of  Application,"  the  month,  day,  and 
year  when  the  applicant  presented  himself  for  registration ; 

Twelfth — under  the  column  "Signature  of  voter"  the  applicant  for  reg- 
istration shall  be  required  to  sign  his  name  on  both  original  and  duplicate 
registers.  (1913  p.  125.) 

2324  Sec.  386.  Same— errors— revision.— The  commissioner  shall,  upon 
the  personal  application  of  any  person  entered  upon  the  registration  record, 
correct  any  error  therein,  or  whenever  informed  of  any  such  error  and  after 
due  investigation  he  may  correct  such  error,  and  for  said  purpose  may  summon 
witnesses  and  compel  their  attendance  to  appear  before  said  election  commis- 
sioner at  his  office  to  give  testimony  pertaining  to  the  residence,  qualifications, 


ELECTION  LAWS  OF  NEBRASKA  103 


104  ELECTION  LAWS  OF  NEBRASKA 

total  expense  which  each  shall  bear  and  upon  such  certification  the  city,  mu- 
nicipality or  district  shall  contribute  and  pay  to  the  county  treasurer  the  share 
so  certified. 

Whereupon  the  county  board  shall  draw  warrants  in  payment  of  such  elec- 
tion expense.     (1913  p.  128.) 

2327  Sec.  389.     Election  districts.— It  is  hereby  made  the  duty  of  said 
commissioner,  as  soon  as  practicable  after  his  appointment,  to  divide  the  elec- 
tion precincts  and  city  wards  in  such  counties  and  cities  into  election  districts, 
composed  of  compact  and  contiguous  territory,  which  shall  contain  as  nearly 
as  possible  not  more  than  three  hundred  actual  voters;  and  in  making  such 
division  and  establishing  such  districts,  such  commissioner  shall  take  as  a  basis 
the  poll  books  of  votes  cast  at  the  last  preceding  presidential  election.     Within 
six  months  after  each  subsequent  presidential  election,  the  election  commis- 
sioner shall  revise  and  rearrange  such  districts  and  increase  or  decrease  their 
number  on  the  basis  of  the  votes  cast  at  the  previous  presidential  election  for 
President,  making  such  districts  to  contain  as  nearly  as  practicable  three  hun- 
dred votes.     (1913  p.  128.) 

2328  Sec.  390.     Notices  of  elections  served  on  commissioner. — All  notices 
which  are  now  or  which  hereafter  may  be  required  by  law  to  be  given  by  the 
secretary  of  state  to. the  county  clerk  or  other  officer  of  any  county  governed 
by  the  provisions  hereof,  or  of  any  political  subdivision  thereof  or  therein  re- 
lating to  the  holding  of  any  elections,  and  stating  the  officers  to  be  elected 
thereat,  or  the  questions  to  be  voted  upon  by  the  people  thereat,  shall  be  com- 
municated by  the  secretary  of  state  to  the  election  commissioner  for  such 
county.     (1913  p.  129.) 

2329  Sec.   391.    Certificates   of  nominations,   etc. — election   expenses— 
where  filed. — All  certificates  of  nomination  for  office  to  be  voted  for  by  the 
electors  of  any  such  county  or  any  political  subdivision  .thereof  or  therein,  to 
which  this  article  applies,  all  declinations  of  nominations  for  office,  all  certifi- 
cates of  nomination  to  fill  vacancies  caused  by  such  decimations  or  by  death, 
all  statements  of  candidates'  expenses  or  other  documents,  required  by  law  to 

be  filed  with  any  officer  of  any  such  county  or  subdivision  governed  hereby, 
shall  be  filed  in  the  office  of  the  election  commissioner  hereby  established. 
(1913  p.  129.) 

2330  Sec.  392.    Advertisements — notices,  etc.,  of  elections  issued  by  com- 
missioner.— All  publications,  advertising  or  posting  of  election  notices  requir- 
ed by  law,  relating  to  primary,  general,  city  and  special  elections  to  which 
this  article  applies,  and  all  notices  of  such  elections  as  are  required  by  law  to 
be  published,  advertised  or  posted  shall  be  published,  advertised  or  posted  by 
the  election  commissioner.     (1913  p.  129.) 

2331  Sec.  393.     Salaries — The  election  commissioner  shall  receive  a  sal- 
ary during  the  time  in  which  he  shall  serve  and  hold  office  at  the  rate  of  three 
thousand  dollars  per  annum  payable  monthly,  and  the  chief  deputy  commis- 
sioner shall  receive  a  salary  during  the  period  of  his  employment   at  the 
rate  of  fifteen  hundred  dollars  per  annum  payable  monthly.     Other  deputy 
commissioners  and  judges  and  clerks  of  election  shall  receive  and  be  paid  at 
the  rate  of  five  dollars  per  day  for  the  time  during  which  they  shall  serve, 
all  of  which  shall  be  paid  out  of  the  general  fund  of  the  county,  except  as  other- 
wise provided  in  this  article.     (1913  p.  129.) 


ELECTION  LAWS  OF  NEBRASKA  .  105 

2332  Sec.  394.    Ballots— voting— assisting  voter.— Official  ballots  shall 
be  used  at  all  elections  held  under  the  provisions  of  this  article  in  the  general 
form  provided  by  law.     No  ballot  shall  be  handed  to  any  person  for  the  pur- 
pose of  use  at  any  election  governed  hereby  until  such  person  shall  have  an- 
nounced to  the  judges  and  inspector  of  election  who  shall  be  serving  at  the 
polling  place  in  the  election  district  in  which  he  resides  and  is  entitled  to  vote, 
his  name  and  address,  and  until  it  shall  be  found  by  such  officers  that  such 
person  has  been  duly  registered  as  a  qualified  voter  as  shown  by  the  election 
registers  or  otherwise  entitled  to  vote  in  said  district  under  the  provisions  of 
this  article  and  until  the  clerks  shall  have  entered  his  name  upon  the  poll 
books  in  consecutive  number  of  voters,  and  until  he  shall  have  signed  his  name 
in  said  poll  book  opposite  thereto.     Any  voter  receiving  assistance  in  voting 
shall  declare  by  word  of  mouth  to  the  officials  empowered  by  law  to  assist  him, 
the  name  of  the  candidates  and  the  measures  for  which  he  desires  to  vote  and 
the  officials  shall  mark  his  ballot  only  as  he  so  requests.     (1913  p.  130.) 

2333  Sec.   395.    Construction   of   law — effect   of   unconstitutionally. — 
Should  the  courts  declare  any  section,  or  any  part  of  a  section,  of  this  article, 
unconstitutional  or  unathorized  by  law,  or  in  conflict  with  any  other  section 
or  part  or  subdivision  of  a  section  or  provision  of  this  article,  then  such  de- 
cision shall  affect  only  the  section  or  part  or  subdivision  of  a  section,  or  pro- 
visions so  declared  to  be  unconstitutional,  and  shall  not  affect  any  other  sec- 
tion or  any  other  part  or  subdivision  of  a  section  or  provision  or  part  of  this 
article.     It'  is  further  expressly  provided  that  each  section  and  each  part  or  sub- 
division of  a  section  herein  is  independent  of  every  other  section  and  every 
other  part  or  subdivision  of  a  section ;  and  not  any  section  or  any  part  or  sub- 
division of  a- section  is  an  inducement  for  the  enactment  of  any  other  section 
or  part  or  subdivision  of  a  section.     (1913  p.  130.) 

2334  Sec.  396.     Repealing  clause. — All  acts  and  parts  of  acts  in  conflict 
with  either  the  express  provisions  of  this  article  or  with  its  intent  and  pur- 
pose are  hereby  repealed.     (1913  p.  130.) 


ARTICLE  XIX. 

INITIATIVE  AND  REFERENDUM. 

SECTION  SECTION 

2335.  Referendum  —  act   of  ligislature  —  pe-       2342.     Ballots — form. 

tition.  2343.      Conflicting-  laws. 

2336.  Initiative — law   or   amendment   to   con-       2344.     Publication     of     measures     and     argu- 

stitution — petition.  ment. 

2337.  Petitions — form  — filing-  2345.     Canvass    and    return    of    vote — procla- 

2338.  Same — verification.  mation   of   result. 

2339.  Same — refusal  of  secretary  of  state  to  2346.     Poll    books — list    of    voters. 

file — procedure.  2347.     List  of  registered   voters. 

2340.  Ballot   title.  2348.     List  of  voters  for   1913,    1914. 

2341.  Same — certified  to  county  clerk — num-       2349.     Qualified    signers — violations — penalty. 

bered. 

2335  Sec.  397.  Referendum — act  of  legislature — petition. — The  follow- 
ing shall  be  substantially  the  form  of  petition  for  ordering  the  referendum 
against  any  act  or  any  part  of  any  act  passed  by  the  legislature  of  the  State 

of  Nebraska: 

WARNING. 

It  is  a  felony  for  anyone  to  sign  any  initiative  or  referendum  petition  with  any  other 
name  than  his  own,  or  knowingly  to  sign  his  name  more  than  oncg  for  the  same  measure, 
or  to  sign  such  petition  when  he  is  not  a  legal  voter,  or  falsely  to  certify  to  the  signatures 
upon  any  such  petition. 


106  ELECTION  LAWS  OF  NEBRASKA 

PETITION   FOR   REFERENDUM. 

To  the  Honorable  ,  Secretary  of  State  for  the  State  of  Nebraska: 

We,  the  undersigned  citizens  and  legal  voters  of  the  State  of  Nebraska  and  the  County 

of  ,   respectfully -order  that   the   Senate    (or  House)    Bill  No.   entitled    (title   of 

act,  and  if  the  petition  is  against  less  than  the  whole  act  then  set  forth  here  the  part  or 
parts  on  which  the  referendum  is  sought),  passed  by  the  Legislature  of  the  State  of  Ne- 
braska at  the  regular  (special)  session  of  said  Legislature,  shall  be  referred  to  the  people 

of  the  state  for  their  approval  or  rejection,  at  the  regular  election  to  be  held  on  the  

day  Of  .  A.  D.  19 ,  and  each  for  himself  says:  I  have  personally  signed  this  peti- 
tion; I  am  a  legal  voter  of  the  State  of  Nebraska,  and  County  of  ;  my  residence  and 

postoffice  are  correctly  written  after  my  name. 

Name  ,   Residence  ,   Postoffice  

(If  in  a  city,   street  and  number.) 
(Here  follow   twenty  numbered   lines   for   signatures.) 

(1913  p.  488.) 

2336  Sec.  398.    Initiative — law  or  amendment  to  constitution — petition. 

— The  following  shall  be  substantially  the  form  of  petition  for  any  law  or 
amendment  to  the  constitution  of  the  State  of  Nebraska: 

WARNING. 

If  is  a  felony  for  anyone  to  sign  any  initiative  or  referendum  petition  with  any  name 
other  than  his  own,  or  knowingly  to  sign  his  name  more  than  once  for  the  measure  or  to  sign 
such  petition  when  he  is  not  a  legal  voter,  or  falsely  to  certify  to  the  signatures  upon  any 
such  petition. 

INITIATIVE    PETITION. 
To  the  Honorable  ,  Secretary  of  State  for  the  State  of  Nebraska: 

We,  the  undersigned  citizens  and  legal  voters  of  the  State  of  Nebraska  and  Cotmty 
of  ,  respectfully  demand  that  the  following  proposed  law  (or  amendment  to  the  con- 
stitution, as  the  case  may  be),  shall  be  submitted  to  the  legal  voters  of  the  State  of  Ne- 
braska for  their  approval  or  rejection  at  the  regular  general  election,  to  be  held  on  the  — 
day  of  ,  A.  D.  19 ,  and  each  for  himself  says:  I  have  personally  signed  this  peti- 
tion; I  am  a  legal  voter  of  the  State  of  Nebraska,  and  of  the  County  of  ;  my  residence 

and  postoffice  are  correctly  written  after  my  'name.  Name  —  — ,  Residence  —  — ,  Post- 
office  . 

(If  in  a  city,   street  and  number.) 
(Here  follow  twenty  numbered  lines  for  signatures). 

(1913  p.  489.) 

2337  Sec.  399.     Petitions — form — filing. — Every  such  sheet  for  petition- 
ers' signatures  shall  be  attached  to  a  full  and  correct  copy  of  the  title  and 
text  of  the  law  or  amendment  to  the  constitution  so  proposed  by-  the  initiative 
petition ;  but  such  petition  may  be  filed  with  the  secretary  of  state  in  numbered 
sections  for  convenience  in  handling,  and  referendum  petitions  shall  be  at- 
tached to  a  full  and  correct  copy  of  the  measure  on  which  the  referendum  is 
demanded  and  may  be  filed  in  numbered  sections  in  like  manner.     Not  more 
than  twenty  signatures  on  one  sheet  shall  be  counted.     When  any  such  initia- 
tive or  referendum  petition  shall  be  offered  for  filing,  the  secretary  of  state, 
in  the  presence  of  the  governor  and  the  person  offering  the  same  for  filing, 
shall  detach  the  sheets  containing  the  signatures  and  affidavit  and  cause  them 
all  to  be  attached  to  one  or  more  printed  copies  of  the  measure  so  proposed  by 
initiative  petitions,  or  of  the  act  or  part  of  an  act  against  which  referendum 
petitions  are  filed :     Provided,  all  petitions  for  the  initiative  and  for  the  refer- 
endum and  sheets  for  signatures  shall  be  printed  on  pages  seven  inches  in 
width  by  ten  inches  in  length  with  a  margin  of  one  and  three-fourths  inches  at 
the  top  for  binding;  if  the  aforesaid  sheets  shall  be  too  bulky  for  convenient 
binding  in  one  volume,  they  may  be  bound  in  two  or  more  volumes,  those  in 
each  volume  to  be  attached  to  a  single  printed  copy  of  such  measure  or  act,  or 
part  of  an  act,  or  amendment  to  the  constitution ;  the  detached  copies  of  such 
measure  shall  be  delivered  to  the  person  offering  the  same  for  filing.     If  any 
such  measure  shall,  at  the  ensuing  election,  be  approved  by  the  people,  then  the 
copies  thereof,  so  preserved,  with  the  sheets  and  signatures  and  certifications, 
and  a  certified  copy  of  the  governor's  proclamation  declaring  the  same  to  have 
been  approved  by  the  people,  shall  be  bound  together  in  such  form  that  they 
may  be  conveniently  identified  and  preserved.     The  secretary  of  state  shall 


ELECTION  LAWS  OF  NEBRASKA  107 

cause  every  such  measure  and  amendment  to  the  constitution  so  approved  by 
the  people  to  be  printed  with  the  general  laws  enacted  by  the  next  ensuing 
session  of  the  legislature,  with  the  date  of  the  governor's  proclamation  declar- 
ing the  same  to  have  been  approved  by  the  people.  (1913  p.  489.) 

2338  Sec.  400.  Same — verification. — Each  and  every  sheet  of  every  such 
petition  containing  signatures  shall  be  verified  on  the  back  thereof,  in  sub- 
stantially the  following  form,  by  the  person  who  circulated  said  sheet  of  said 
petition,  by  his  or  her  certification  thereon  and  as  a  part  thereof : 


State  of  Nebraska,  County  of  ,  ss. 

I,  ,  hereby  certify  that   (here  shall  be  legibly  written  or  typewritten   the  names 

of  the  signers  of  the  sheet,)  signed  this  sheet  of  the  foregoing  petition,  and  each  of  them 
signed  his  name  thereto  in  my  presense;  I  believe  that  each  has  stated  his  name,  postoffice 
address  and  residence  correctly,  and  that  each  signer  is  a  legal  voter  of  the  State  of  Ne- 
braska and  county  of  . 

(Signature  and  postoffice  address  of   (affiant.) 
Witnesses: 


(Signature  of  two  witnesses  to  certification  and  their  postoffice  address.) 

The  forms  herein  given  are  not  mandatory,  and  if  substantially  followed  in 
any  petition  it  shall  be  sufficient,  disregarding  clerical  and  merely  technical 
errors.  (1913  p.  490.) 

2339  Sec.  401.    Same— refusal  of  secretary  of  state  to  file— procedure.— 
If  the  secretary  of  state  shall  refuse  to  accept  and  file  any  petition  for  the  in- 
itiative presented  not  less  than  four  months  preceding  the  date  of  election  at 
which  the  proposed  statute  or  constitutional  amendment  is  to  be  voted  upon, 
or  any  petition  for  the  referendum  presented  within  ninety  days  after  the  legis- 
lature enacting  the  law  to  which  the  petition  applied  adjourns  sine  die  or  for 
a  period  longer  than  ninety  days  any  citizen  may  apply,  within  ten  days  after 
such  refusal,  to  the  district  court  for  a  writ  of  mandamus  to  compel  him  to  do 
so.     If  it  shall  be  decided  by  the  court  that  such  petition  is  legally  sufficient, 
the  secretary  of  state  shall  then  file  it,  with  a  certified  copy  of  the  judgment 
attached  thereto,  as  of  the  date  on  which  it  was  originally  offered  for  filing  in 
his  office.     On  a  showing  that  any  petition  filed  is  not  legally  sufficient,  the 
court  may  enjoin  the  secretary  of  state  and  all  other  officers  from  certifying  or 
printing  on  the  official  ballot  for  the  ensuing  election  the  ballot  title  and  num- 
bers of  such  measure.     All  such  suits  shall  be  advanced  on  the  court  docket 
and  heard  and  decided  by  the  court  as  quickly  as  possible.'     Either  party  may 
appeal  to  the  supreme  court  within  ten  days  after  a  decision  is  rendered.     The 
district  court  of  Lancaster  county  shall  have  jurisdiction  in  all  cases  of  laws, 
parts  of  laws  or  initiative  amendments  to  the  constitution  to  be  submitted  to 
the  electors  of  the  state  at  large.     (1913  p.  491.) 

2340  Sec.  402.     Ballot  title.— When  any  measure  shall  be  filed  with  the 
secretary  of  stafe  to  be  referred  to  the  people  of  the  state  by  the  referendum 
petition,  and  when  any  measure  shall  be  proposed  by  initiative  petition,  the  sec- 
retary of  state  shall  forthwith  transmit  to  the  attorney  general  of  the  state,  a 
copy  thereof,  and  within  ten  days  thereafter  the  attorney  general  shall  provide 
and  return  to  the  secretary  of  state  a  ballot  title  for  said  measure.     The  ballot 
title  may  be  distinct  from  the  legislative  title  of  the  measure,  and  shall  ex- 
press, in  not  exceeding  one  hundred  words,  the  purpose  of  the  measure.     The 
ballot  title  shall  be  printed  with  the  numbers  of  the  measure,  on  the  official 
ballot.     In  making  such  ballot  title  the  attorney  general  shall,  to  the  best  of  his 
ability,  give  a  true  and  impartial  statement  of  the  purpose  of  the  measure,  and 


108  ELECTION  LAWS  OF  NEBRASKA 

in  such  language  that  the  ballot  title  shall  not  be  intentionally  an  argument,  or 
likely  to  create  prejudice,  either  for  or  against  the  measure.  Any  person  who 
is  dissatisfied  with  the  ballot  title  provided  by  the  attorney  general  for  any 
measure  may  appeal  from  his  decision  to  the  district  court,  as  provided  by  the 
next  preceding  section,  by  petition,  praying  for  a  different  title  and  setting 
forth  the  reasons  why  the  title  prepared  by  the  attorney  general  is  insufficient 
or  unfair.  No  appeal  shall  be  allowed  from  the  decision  of  the  attorney  gen- 
eral on  a  ballot  title,  unless  the  same  is  taken  within  ten  days  after  said  decision 
is  filed.  A  copy  of  every  such  decision  shall  be  served  by  the  secretary  of  state 
or  the  clerk  of  the  court,  upon  the  person  offering  or  filing  such  initiative  or 
referendum  petition  or  appeal.  Service  of  such  decision  may  be  by  mail  or 
telegraph,  and  shall  be  made  forthwith.  Said  district  court  shall  thereupon 
examine  said  measure,  hear  arguments,  and  in  its  decision  thereon  certify  to 
the  secretary  of  state  a  ballot  title  for  the  measure  in  accord  with  the  intent  of 
this  section.  The  secretary  of  state  shall  print  on  the  official  ballot  the  title 
thus  certified  to  him.  (1913  p.  492.) 

2341  Sec.  403.     Same — certified  to  county  clerk — numbered. — The  secre- 
tary of  state,  at  the  time  he  furnishes  to  the  county  clerks  of  the  several  coun- 
ties certified  copies  of  the  names  of  the  candidates  for  state  and  other  offices, 
shall  furnish  to  each  of  said  county  clerks  his  certified  copy  of  the  ballot  titles 
and  numbers  of  the  several  measures  and  initiative  amendments  to  the  constitu- 
tion to  be  voted  upon  at  the  ensuing  general  election ;  and  he  shall  use  for  each 
measure  the  ballot  title  designated  in  the  manner  herein  provided.     Such  ballot 
title  shall  in  no  case  exceed  one  hundred  words,  and  shall  not  resemble,  so  far 
as  probably  to  create  confusion,  any  such  title  previously  filed  for  any  measure 
to  be  submitted  at  that  election.;  he  shall  number  such  measures  and  such  ballot 
titles  shall  be  printed  on  the  official  ballot  in  the  order  in  which  the  petitions  by 
the  people  shall  be  filed  in  his  office.     The  affirmative  of  the  first  measure  shall 
be  number  300  and  the  negative  301  in  numerals,  and  the  succeeding  measures 
shall  be  numbered  consecutively  302,  303,  304,  305,  and  so  on,  at  each  election. 
It  shall  be  the  duty  of  the  several  county  clerks  to  print  said  ballot  titles  and 
numbers  upon  the  official  ballot  in  the  order  presented  to  them  by  the  secretary 
of  state  and  the  relative  position  required  by  this  article.     Measures  referred 
by  petition  shall  be   designated   "Keferendum   ordered   by   Petition   of  the 
People";  measures  proposed  by  initiative  petition  shall  be  designated  and  dis- 
tinguished on  the  ballot  by  the  heading  "Proposed  by  Initiative  petition." 
(1913  p.  492.) 

2342  Sec.  404.     Ballots — form. — When  any  initiative  or  referendum  peti- 
tion shall  be  regularly  and  legally  filed  with  the  secretary  of  state,  he  shall,  at 
the  next  regular  general  election,  cause  to  be  printed  on  the  ballot,  above  and 
preceding  all  party  names  and  circles,  the  title  and  number  of  the  initiated  act 
or  constitutional  amendment ;  or  the  referred  law,  or  part  of  a  law,  together 
with  the  words  "Yes"  and  "No"  in  such  manner  that  the  electors  may  ex- 
press at  the  polls  their  approval  or  disapproval  thereof.     All  initiative  and 
referendum  measures  shall  be  submitted  in  a  non-partisan  manner  without  any 
indication  or  suggestion  on  the  ballot  that  they  have  been  approved  or  en- 
dorsed by  any  political  party  or  organization.     (1913  p.  493.) 

2343  Sec.  405.     Conflicting  laws. — If  two  or  more  conflicting  laws  shall  be 
approved  by  the  people  at  the  same  election,  the  laws  receiving  the  greatest 


ELECTION  LAWS  OF  NEBRASKA  109 


110  ELECTION  LAWS  OF  NEBRASKA 

printing,  it  being  intended  that  only  the  cost  of  paper  and  printing  the  argu- 
ments shall  be  paid  by  the  parties  presenting  the  same :  and  they  shall  not  be 
charsred  any  higher  rate  for  such  work  than  is  paid  by  the  state  for  similar 
work  and  paper.  Not  later  than  the  fifty-fifth  day  before  the  regular  general 
election  at  which  such  measures  are  to  be  voted  upon,  the  secretary  of  state 
shall  transmit  by  mail,  with  postage  fully  prepaid,  to  every  voter  in  the  state 
whose  address  he  may  have,  one  copy  of  such  pamphlet :  Provided,  if  the  sec- 
retary of  state  shall,  at  or  about  the  same  time,  be  mailing  any  other  pamphlet 
to  every  voter,  he  may,  if  practicable,  bind  the  matter  herein  provided  for  in 
the  first  part  of  said  pamphlet,  numbering  the  pages  of  the  entire  pamphlet 
consecutively  from  one  to  the  end,  or  he  may  enclose  the  pamphlets  under 
one  cover.  (1913  p.  494.) 

2345  Sec.  407.      Canvass  and  return  of  vote — proclamation  of  result. — The 
votes  on  initiative  measures  or  constitutional  amendments  and  on  referred  laws 
or  parts  of  laws,  shall  be  counted,  canvassed  and  returned  by  the  regular 
boards  of  judges,  clerks  and  officers,  as  votes  for  candidates  are  counted,  can- 
vassed and  returned,  and  the  abstract  made  by  the  several  county  clerks  of 
votes  on  measures  shall  be  returned  to  the  secretary  of  state  on  separate  ab- 
stract sheets,  in  the  manner  provided  by  law  for  abstracts  of  votes  for  state 
and  county  officers.     It  shall  be  the  duty  of  the  board  of  state  canvassers  to 
canvass  the  votes  upon  each  initiative  or  referendum  measure  in  the  same  man- 
ner as  is  prescribed  in  the  case  of  presidential  electors,  and  the  governor  shall, 
within  ten  days  of  the  completion  of  the  canvass,  issue  his  proclamation  giving 
the  whole  number  votes  cast  in  the  state  for  and  against  each  measure  and 
question,  and  declaring  such  measures  as  are  approved  by  the  constitutional 
number  or  majority  of  those  voting  to  be  in  full  force  and  effect  as  the  law 
of  the  State  of  Nebraska  from  the  date  of  said  proclamation :     Provided,  if  two 
or  more  measures  shall  be  approved  at  said  election,  which  are  known  to  con- 
flict with  each  other  or  to  contain  conflicting  provisions,  he  shall  also  proclaim 
which  is  paramount  in  accordance  with  the  provisions  of  the  second  next  pre- 
ceding section.     (1913  p.  495.) 

2346  Sec.  408.     Poll  books — list  of  voters. — At  all  regular  general  elec- 
tions the  county  clerk  shall  provide  in  each  election  precinct  outside  of  cities 
having  registration  of  voters,  duplicate  sets  of  poll  sheets  in  the  following  form : 


List  of  voters  at  an  election  new  in  precmci  —             lowusmp  in                 uuuntjr,  uu  uu« 

N. 

Name                                                      Postofflce   Address 

1. 

We    the  undersigned  judges  and  clerks  of  election,  certify  that  the  above  is  a  true  lisl 
of  the  names  and  addresses  of  all  the  persons  voting  at  the  above  named  election. 


Clerks. 


Judges   of  election. 


Each  clerk  at  said  election  precincts  shall  record  on  these  poll  sheets  the 
name  and  address  of  every  person  voting.  The  judges  and  clerks  shall  certify 
to  the  poll  sheets  in  the  form  and  manner  thereon  provided,  inclose  them  in  an 
envelope  or  cover,  and  return  to  the  county  clerk,  along  with  the  pool  books 


ELECTION  LAWS  OF  NEBRASKA  111 

and  ballots,  and  until  such  poll  sheets  are  thus  filled  out  and* returned,  the  said 
judges  and  clerks  of  election  shall  not  receive  any  pay  for  their  services. 
Within  thirty  days  after  the  election,  the  county  clerk  shall  forward  one  set 
of  these  poll  sheets  from  each  of  said  precincts  to  the  secretary  of  state,  and* 
each  of  said  officers  shall  keep  a  set  of  such  poll  sheets  on  file  in  his  office 
until  the  next  regular  general  state  election.  In  case  the  poll  sheets  from 
any  county  fail  to  arrive  within  five  days  after  said  thirty  day  limit,  the  secre- 
tary of  state  is  authorized,  after  ten  days'  notice,  to  dispatch  a  messenger  for 
the  poll  sheets  at  the  expense  of  the  derelict  county.  (1913  p.  496.) 

2347  Sec.  409.     List  of  registered  voters.— The  city  clerk  of  each  city 
having  registration  of  voters  shall,  within  thirty  days  after  any  regular  gen- 
eral state  election,  make  and  transmit  to  the  secretary  of  state  a  certified 
list,  by  election  precincts,  of  the  names  and  street  addresses  of  all  the  then 
registered  voters  of  the  city,  including  also  those  who,  at  the  last  election,1 
voted  by  certificate  without  registration.     If  such  list  of  voters  of  any  of  said 
cities  is  not  received  within  five  days  after  the  thirty  day  limit,  the  secretary  of 
state  is  authorized,  after  ten  day's  notice,  to  send  a  messenger  for  the  same  at 
the  expense  of  the  delinquent  city.     These  lists  of  voters  in  cities  shall  be  kept 
on  file  by  the  secretary  of  state  until  the  next  regular  general  state  election. 
(1913  p.  497.) 

2348  Sec.  410.     List  of  voters  for  1913,  1914.— In  the  event  that  a  re- 
ferred or  an  initiated  measure  is  to  be  submitted  to  the  electors  at  a  general 
state  election  in  either  1913  or  1914,  the  secretary  of  state  shall,  at  least  one 
hundred  days  prior  thereto,  notify  each  county  clerk  and  each  city  clerk  of 
a  city  having  registration  of  voters  to  furnish  to  him  the  names  and  addresses 
of  voters  as  in  this  section  provided.     Within  twenty  days  after  such  notice  - 
said  city  clerk  shall  transmit  to  the  secretary  of  state  lists  of  registered  voters 
as  provided  for  in  the  next  preceding  section.     The  county  clerk  shall,  within 
twenty  days  after  the  aforesaid  notice,  prepare  from  the  last  assessment  roll 

'  and  other  vailable  sources  of  information,  and  transmit  to  the  secretary  of 
state  a  written  or  typewritten  list,  as  complete  and  accurate  as  possible,  of  the 
names  and  postoffice  addresses  of  voters  in  election  precincts  outside  of  cities 
having  registration  of  voters.  If  the  said  lists  of  voters  have  not  arrived  from 
any  county  or  city  five  days  after  the  end  of  the  twenty  day  limit,  the  secre- 
tary of  state  is  authorized,  after  ten  day's  notice,  to  dispatch  a  messenger 
after  the  same  at  the  expense  of  the  delinquent  county  or  city,  as  the  case  may 
be.  (1913  p.  497.) 

2349  Sec.   411.     Qualified   signers— Violations— penalty.— Every   person 
who  is  a  qualified  elector  of  the  State  of  Nebraska  may  sign  a  petition  for  the 
referendum  or  for  the  initiative  for  any  measure  which  he  is  legally  entitled  to 
vote  upon.     Any  person  signing  any  name  other  than  his  own  to  any  petition, 
or  knowingly  signing  his  name  more  than  once  for  the  same  measure  at  one 
election,  or  who  is  not  at  the  time  of  signing  the  same  a  legal  voter  of  this 
state,  or  any  person  who  shall  falsely  certify  to  any  signature  upon  any  such 
petition,  or  any  officer  or  person  wilfully  violating  any  provision  of  this  statute, 
shall  be  deemed  guilty  of  a  felony  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  in  the 

knitentiary  not  exceeding  two  years,  or  by  both  such  fine  and  imprisonment. 
913  p.  498.) 


112  ELRCTION  LAWS  OF  NEBRASKA 


ARTICLE  XX. 

CORRUPT  PRACTICES. 

SECTION  SECTION 

2350.  Election  —  expenses     of     candidates —       2368.     Same — account    of    receipts    and    dis- 

statements.  bursiements. 

2351.  Number  of  voters — how  determined.  2369.     Same — record    of   money   received    and 

2352.  Statement    of   nomination    expenses.  spent. 

2353.  Same — election    expenses.  2370.     Statement    of    receipts    and    disburse- 

2354.  Same — penalty  for  failure  to  file.  ments. 

2355.  Filing  statement  prerequisite  for  cer-  2371.     Statement   by   treasurer. 

tificate   of  nomination   or   election.        2372.     Statement    by    individual    contributor. 

2356.  Complaint  ag-ainst  officer  for  violating-       2373.     Statements   required   from    individuals 

law — how    made.  receiving   or  disbursing  money. 

2357.  Same — bond.  2374.     Claims  against  candidates — when  bar- 

2358.  Same — attorney    general    to    prosecute.  red. 

2359.  Same — applicant   may  prosecute —  2375.     Statement   of   expenditures   to   be   pre- 

when.  served. 

2360.  Same — additional     security    for    costs.  2376.  Penalty    for    failure    to    make    state- 

2361.  Same — advancing    cause.  ment. 

2362.  Same — judgment— vacating    office.  2377.  Penalty    for    keeping    false    record. 

2363.  Same — costs.  2378.  Naturalizing    aliens — penalty. 

2364.  Same — witnesses — privileges.  2379.  Conveying   voters   to   polls   forbidden. 

2365.  Charges    against    member    of    legisla-  2380.  Corporation    contributions    prohibited 

ture.  — penalty. 

2366.  Political     committee — defined.  2381.     Same — disposition    of    fine — reward    to 

2367.  Same — treasurer.  complaining    witness. 

2350  Sec.  412.  Election — expenses  of  candidates — statements. — No  can- 
didate for  any  public  office  created  by  the  constitution  or  laws  of  this  state 
to  be  filled  by  popular  election  shall,  by  himself,  or  by  or  through  any  agent 
or  agents,  committee  or  organization,  or  person  or  persons  whatsoever,  in  the 
aggregate,  with  the  intention  to  promote  the  nomination  or  election  of  such 
candidate,  or  in  support  of  or  in  opposition  to  any  measure  submitted  to  popu- 
lar vote,  do  any  of  the  following  things,  which  are  hereby  made  unlawful, 
and  the  violation  of  any  one  or  all  of  which  is  made  a  misdemeanor,  punishable 
by  a  fine  of  not  less  than  fifty  dollars,  or  imprisonment  in  the  county  jail  for 
a  period  not  to  exceed  six  months : 

First — Furnish,  pay  for,  or  engage  to  pay  for,  any  entertainment  to  any 
meeting  of  electors  previous  to  or  during  an  election  at  which  he  is  a  candi- 
date; 

Second — give  away  or  treat  to  any  drinks,  cigars  or  other  refreshments; 

Third — to  pay  out,  give,  contribute,  or  expend,  or  offer  or  agree  to  pay, 
give,  contribute,  or  expend  any  money  or  other  valuable  thing  for  the  purpose 
of  promoting  the  nomination  or  election  of  any  candidate  or  in  support  of  or 
opposition  to  any  measure  submitting  to  popular  vote  at  any  election,  except 
for  the  bona  fide  personal  expenses  of  any  candidate  for  public  office,  and 
for  the  purpose  of  holding  and  conducting  public  meetings  for  the  discussion 
of  public  questions,  and  then  not  in  excess  of  a  sum  to  be  determined  upon 
the  following  basis,  namely:  For  five  thousand  voters  or  less,  one  hundred 
dollars;  for  each  one  hundred  voters  over  five  thousand  and  under  twenty- 
five  thousand,  one  dollar  and  fifty  cents;  for  each  one  hundred  voters  over 
twenty-five  thousand  and  under  one  hundred  thousand,  one  dollar;  and 
nothing  additional  for  voters  over  one  hundred  thousand.  Any  payment,  con- 
tribution or  expenditure,  or  agreement  or  offer  to  pay,  contribute  or  expend 
any  money  or  thing  of  value,  in  excess  of  the  limit  prescribed  by  this  article, 
for  any  or  all  such  objects  and  purposes,  is  hereby  declared  to  be  unlawful,  and 
to  make  void  the  election  of  the  person  making  it.  But  this  section  shall  not 
apply  in  cases  where  such  nomination  of  such  candidate,  or  of  any  rival  can- 


ELECTION  LAWS  OF  NEBRASKA  113 

didate  for  the  same  office,  shall  have  been  made  prior  the  taking  effect  of  this 
article.  Provided,  that  money  expended  by  any  such  candidate  for  his  nec- 
essary personal  expenses  incurred  for  himself  alone,  for  travel  and  subsist- 
ence, for  stationery  and  postage,  for  writing  or  printing  and  distributing 
letters,  circulars  and  posters,  and  for  telegraph  and  telephone  service,  shall 
not  be  regarded  as  an  expenditure  within  the  meaning  of  this  section  and 
shall  not  be  considered  any  part  of  the  sum  herein  fixed  as  the  limit  of  ex- 
penses, and  need  not  be  shown  in  the  statement  herein  required  to  be  filed. 
(1899  p.  147;  1915  p.  104;  Ann.  5966;  Comp.  3426.) 

2351  Sec.  413.     Number  of  voters — how  determined. — The   number   of 
voters  shall  be  taken  as  equal  to  the  total  number  of  votes  cast,  for  all  the 
candidates  for  the  office  for  which  he  is  a  candidate,  at  the  last  preceding 
election  held  to  fill  the  same ;  and  if  at  such  last  preceding  election  there  shall 
have  been  more  than  one  like  office  to  fill,  so  that  it  cannot  be  determined  who 
were  the  candidates  for  that  particular  office,  then  the  number  of  voters  shall 
be  ascertained  by  adding  together  all  the  votes  cast  for  all  the  candidates  for 
such  offices  and  dividing  the  sum  by  the  number  of  such  offices.     Should  no 
election  to  fill  the  office  for  which  such  person  is  a  candidate  have  been  pre- 
viously held,  the  number  of  voters  shall  be  ascertained  by  the  total  number 
of  votes  cast  within  the  constituent  territory  at  the  last  preceding  election 
for  state  officers,  for  all  the  candidates  for  the  state  office  for  which  at  such 
last  preceding  election  the  largest  aggregate  vote  was  cast  within  the  state; 
and  should  it  be  impracticable  011  account  of  change  of  boundaries  to  deter- 
mine from  returns  of  such  last  preceding  election  the  exact  number  of  votes  so 
cast  within  such  territory,  the  board,  officer  or  officers,  whose  duty  it  may  be 
to  receive  and  canvass  the  returns  of  the  election  at  which  such  person  is  or 
seeks  to  be  a  candidate  shall  determine  the  number  according  to  their  best 
judgment  upon  request  of  any  elector,  and  the  number  so  determined  shall  be 
taken  to  be  the  true  number.     (1899  p.  148 ;  Ann.  5967 ;  Comp.  3247.) 

2352  Sec.  414.     Statement  of  nomination  expenses. — Every  person  who 
shall  be  a  candidate  before  any  caucus  or  convention  or  at  any  primary  elec- 
tion, for  nomination  for  the  office  of  representative,  in  the  congress  of  the 
United  States,  or  for  any  office  which  under  the  constitution  or  the  laws  of 
this  state  is  to  be  filled  by  popular  election,  except  township,  precinct  and 
school  district  officers,  or  village  trustees,  shall  within  ten  days  after  the  hold- 
ing of  such  caucus,  convention  or  primary  election,  make  out  a  statement  in 
writing  and  file  the  same  with  the  clerk  of  the  county  in  which  he  resides, 
and  make  out  and  file  a  duplicate  thereof  with  the  board,  officer  or  officers, 
if  any,  empowered  by  law  to  issue  the  certificate  of  election  to  such  office. 
Such  statement  shall  set  forth  in  detail  each  and  all  sums  of  money  and  other 
things  of  value  contributed,  disbursed,  expended  or  promised  by  him,  and  (to 
the  best  of  his  knowledge  and  belief)  by  any  other  person  or  persons  with  his 
procurement  in  his  behalf,  wholly  or  in  part  in  endeavoring  to  secure,  or  in 
any  way  in  connection  with  his  nomination  to  such  office  or  place,  or  in  en- 
deavoring to  secure  or  defeat,  or  in  any  way  in  connection  with  the  nomina- 
tion of  any  other  person  or  persons  at  such  caucus,  convention  or  primary 
election,  and  showing  the  dates  when,  and  the  persons  by  whom  and  to  whom, 
and  the  purposes  for  which  each  such  contribution,  payment,  expenditure  or 
promise  was  made,  and  such  candidate  shall  subscribe  and  swear  to  such  state- 


114  ELECTION  LAWS  OF  NEBRASKA 

ment  and  such  duplicate  before  an  officer  authorized  to  administer  oaths. 
The  form  of  such  affidavit  to  be  appended  to  each  such  statement  and  to  each 
duplicate  statement  and  signed  by  the  candidate,  shall  be  in  substance  as 
follows : 

"I, ,  do  solemnly  swear  (or  affirm)  that  the  foregoing  statement  is  a  true  and  full 

account  of  each  and  all  sums  of  money  and  other  things  of  value  directly  or  indirectly  con- 
tributed, disbursed,  expended  or  promised  by  me,  and  (to  the  best  of  my  knowledge  and  be- 
Jief)  by  any  and  all  other  persons  with  my  procurement  in  my  behalf,  wholly  or  in  part,  in 
endeavoring  to  secure,  or  in  any  way  in  connection  with,  my  nomination  to  the  office  or 

place  of  or  in  endeavoring  to  secure  or  defeat  or  in  any  way  in  connection  with  the 

nomination  of  any  other  person  or  persons  at  the  caucus,  convention  or  primary  election  be- 
-fore  which  I  was  a  candidate  for  nomination  to  the  office  or  place  aforesaid;  and  that  it  is  a 
true  and  full  statement  of  the  date  when,  and  the  person  or  persons  to  whom,  and  the  purposes 
for  which  such  contribution,  payment,  expenditure,  or  promise  was  made,  and  the  person  or 
persons  by  whom  made,  when  not  directly  by  myself. 

(Signature    of   Candidate.") 

(1899  p.  149;  1901  p.  355;  Ann.  5968;  Comp.  3428.) 

2353  Sec.  415.  Same — election  expenses. — Every  person  who  shall  be  a 
candidate  for  election  to  the  office  of  representative  in  the  Congress  of  the 
United  States,  or  to  any  office  under  which  the  laws  or  constitution  of  this 
state  is  to  be  filled  by  popular  election,  except  township,  precinct  or  school 
district  officers,  or  village  trustees,  shall,  within  ten  days  after  the  election  held 
to  fill  such  office,  make  out  a  statement  in  writing  and  file  the  same  with  the 
clerk  of  the  county  in  which  he  resides  and  make  out  and  file  a  duplicate 
thereof  with  the  board,  officer  or  officers,  if  any,  empowered  by  law  to  issue  the 
certificate  of  election  to  such  office  or  place.  Such  statement  shall  set  forth 
in  detail  each  and  all  sums  of  money  and  other  things  of  value  contributed, 
disbursed,  expended  or  promised  by  him,  and  (to  the  best  of  his  knowledge 
and  belief)  by  any  other  person  or  persons  by  his  procurement  in  his  behalf, 
wholly  or  in  part,  in  endeavoring  to  secure  or  in  any  way  in  connection  with 
his  election  to  such  office  or  place,  or  in  endeavoring  to  secure  or  defeat,  or  in 
any  way  in  connection  with  the  election  of  any  other  person  or  persons'  to  any 
office  to  be  voted  for  on  the  same  day  of  election,  or  in  support  of  or  opposition 
to  any  measure  or  proposition  submitted  to  popular  vote  upon  the  same  day 
of  election,  and  showing  the  dates  when,  the  persons  by  and  to  whom,  and 
the  purposes  for  which  each  such  contribution,  payment,  expenditure  or 
promise  was  made.  Such  candidate  shall  subscribe  and  swear  to  such  state- 
ment and  such  duplicate  before  an  officer  authorized  by  law  to  administer 
oaths.  The  form  of  such  affidavit  to  be  appended  to  each  statement  and  to 
each  duplicate  statement  and  signed  by  the  candidate  shall  be  in  substance  as 
follows : 

I,  —  — ,  do  solemnly  swear  (or  affirm)  that  the  foregoing  statement  is  a  true  and 
full  account  of  each  and  all  sums  of  money  and  other  things  of  value  directly  or  in  directly 
contributed,  disbursed,  expended  or  promised  by  me,  and  (to  the  best  of  my  knowledge  and 
belief)  by  any  and  all  other  persons  with  my  procurement  in  my  behalf,  wholly  or  in  part 
in  endeavoring  to  secure,  or  in  any  way  in  connection  with,  my  election  to  the  office  or  place 
of  ,  or  in  endeavoring  to  secure  or  defeat  or  in  any  way  in  connection  with  the  elec- 
tion of  any  other  person  or  persons  to  any  office  to  be  voted  for  on  the  same  day  of  election, 
or  in  support  of  or  opposition  to  any  measure  or  propositions  submitted  to  popular  vote 
upon  the  same  day  of  election;  and  that  it  is  a  true  and  full  statement  of  the  dates  when, 
and  the  person  or  persons  to  whom,  and  the  purposes  for  which,  each  such  payment,  con- 
tribution, expenditure  or  promise  was  made,  and  the  person  or"  persons  by  whom  made,  when 
not  made  directly  by  myself. 


(Signature    of    candidate)" 

(1899  p.  150;  1901  p.  356;  Ann.  5969;  Comp.  3429.) 

2354  Sec.  416.  Same — penalty  for  failure  to  file. — Any  person  failing 
to  comply  with  the  provisions  of  either  of  the  two  next  preceding  sections 
shall  be  liable  to  a  fine  not  exceeding  one  thousand  dollars,  to  be  recovered 
with  costs  in  an  action  brought  in  the  name  of  the  state  by  the  attorney 


ELECTION  LAWS  OF  NEBRASKA  115 

general  or  by  the  county  attorney  of  the  county  of  the  candidate's  residence, 
the  amount  of  said  fine  to  be  fixed  within  such  limit  by  the  jury.  (1899  p.  152 ; 
Ann.  5970 ;  Comp.  3430.) 

2355  Sec.  417.    Filing  statement  prerequisite  for  certificate  of  nomina- 
tion or  election. — No  board,  officer,  or  officers  authorized  by  law  to  issue  com- 
missions or  certificates  of  election  shall  issue  a  commission  or  certificate  of 
election  to  any  person  required  by  the  second  or  third  preceding  sections  hereof 
to  file  a  statement  or  statements  until  such  statement  or  statements  shall  have 
been  so  made,  verified  and  filed  by  such  person  with  such  board,  officer  or  offi- 
cers.    No  person  required  by  the  foregoing  sections  of  this  article  to  file  a 
statement  or  statements  shall  enter  upon  the  duties  of  any  office  to  which  he 
may  be  elected  until  he  shall  have  filed  all  statements  and  duplicates  provided 
for  by  the  foregoing  sections  of  this  article,  nor  shall  he  receive  any  salary  or 
emolument  for  any  period  prior  to  the  filing  of  the  same.     (1899  p.  152;  Ann. 
5971;  Comp.  3431'.) 

2356  Sec.  418.     Complaint  against  officer  for  violating  law — how  made. 
—At  any  time  during  the  term  of  office  of  any  occupant  of  any  public  office, 
other  than  the  office  of  member  of  either  house  of  the  legislature  or  the  con- 
gress of  the  United  States,  any  elector  entitled  to  vote  at  such  election  may 
present  an  application  in  writing,  verified  by  his  affidavit,  to  the  attorney- 
general  setting  forth  one  or  more  of  the  following  charges  against  any 'public 
office,  to-wit: 

First — That  such  officer,  in  seeking  nomination  or  election,  or  both,  to  such 
office,  violated  one  or  more  of  the  provisions  of  the  foregoing  sections  of  this 
article  by  expending,  contributing  or  promising  or  offering  an  amount  in 
excess  of  the  sum  allowed  by  this  article ;  or, 

Second — that  such  officer  wilfully  stated  an  untruth  in  some  one  or  more 
of  the  statements  and  duplicates  and  affidavits  made  and  filed  by  him  pur- 
suant to  this  article  after  such  nomination  or  election ;  or, 

Third — that  any  other  act  or  acts  declared  unlawful  or  made  punishable 
by  any  laws  of  this  state  were  committed  by  such  officer,  or  by  his  agent  or 
agents,  or  with  his  or  their  consent  or  connivance  by  such  committee,  or  or- 
ganization, or  political  party  of  which  party  he  was  the  nominee,  or  the 
agent  or  agents  of  any  such  committee,  organization,  or  party,  with  intent  to 
secure  or  promote  his  nomination  or  election  ;  and  further  setting  forth  that  the 
applicant  desires  the  attorney-general  to  bring  an  action  to  have  such  public 
office  declared  vacant  on  account  of  such  violation  or  violations  of  law. 
(1899  p.  152;  Ann.  5972;  Comp.  3432.) 

2357  Sec.  419.     Same — bond. — The  application  shall  be  accompanied  by 
a  bond  in  favor  of  the  State  of  Nebraska  in  the  penal  sum  of  one  thousand 
dollars  subscribed  by  two  sureties,  who  shall  justify  as  freeholders  of  the 
state,  and  in  double  the  amount  of  such  penalty  exclusive  of  all  their  debts  and 
liabilities  and  property  exempt  by  law  from  levy  and  sale  on  execution,  such 
bond  to  be  conditioned  for  the  payment  of  all  the  taxable  costs  for  which  the 
state,  such  applicant,  or  such  occupant  of  such  office  may  become  liable  on 
account  of  such  action,  if  none  of  such  charges  shall  be  sustained  therein. 
(1899  p.  152;  Ann.  5972;  Comp.  3432.) 

2358  Sec.  420.     Same — attorney  general  to  prosecute. — It  shall  be  the 
-duty  of  the  attorney  general,  within  ten  days  after  the  receipt  of  such  appli- 


116  EJLILX/IIUIM  l^AWS  OF  NEBRASKA 

cant  and  bond,  to  begin  an  action  against  such  public  officer,  or  to  instruct 
the  county  attorney  of  the  county  in  which  such  public  officer  resides,  to 
bring  such  action  within  ten  days  after  such  instruction,  to  have  said  office 
declared  vacant,  and  for  such  other  and  further  relief  as  may  be  appropriate 
in  an  action  against  the  usurper  of  any  office.  Such  action  shall  be  deemed 
to  be,  and  shall  be,  conducted  according  to  the  rules  prescribed  by  law  for 
the  action  against  a  usurper  of  an  office,  and  it  shall  be  the  duty  of  any 
county  attorney  to  bring  such  action  within  ten  days  after  receipt  of  such 
notice  from  the  attorney  general.  (1899  p.  153;  Ann.  5973;  Comp.  3433.) 

2359  Sec.  421.     Same — applicant  may  prosecute — when. — In  case  such 
action  shall  not  be  brought  by  either  the  attorney  general  or  county  attorney 
within  the  time  limited  by  the  next  preceding  section,  it  shall  be  lawful  for 
the  applicant  to  bring  such  action  at  his  own  expense  and  by  his  attorney  or 
attorneys,  but  in  such  action  so  brought  by  such  applicant  no  recovery  for 
costs  and  disbursements  shall  be  had  against  the  state.     (1899  p.  154;  Ann. 
5974;  Comp.  3434.) 

2360  Sec.    422.     Same — additional    security    for    costs. — In    any    case 
whether  instituted  by  the  county  attorney   or  attorney  general,  or  by  the 
applicant  in  person,  if  the  court  shall  at  any  time  pending  such  action  find 
the  bond  given  as  aforesaid  inadequate  in  amount  to  cover  the  costs  accrued, 
or  likely  to  accrue  in  the  cause,  or  shall  find  any  surety  or  sureties  thereon 
insufficient,  additional  bonds  or  other  sureties  may  be  required  by  the  court 
to  be  given  within  such  time  and  upon  such  terms  as  the  court  may  order, 
and  upon  the  failure  to  comply  with  any  such  order  of  the  court,  such  action 
may  be  dismissed  at  the  costs  of  the  applicant  and  his  sureties.     (1899  p. 
154;  Ann.  5974;  Comp.  3434.) 

2361  Sec.  423.     Same — advancing  cause. — Such  action,  whether  brought 
by  the  attorney  general,  the  county  attorney  or  the  applicant,  shall  have  the 
preference  on  the  docket  of  any  court  of  the  state  in  which  the  same  shall  be 
pending  over  all  other  civil  actions  whatever.     (1899   p.   154;    Ann.   5975; 
Comp.  3435.) 

2362  Sec.  424.     Same — judgment — vacating  office. — If  it  shall  be  deter- 
mined in  any  such  action  that  any  one  or  more  of  the  charges  set  forth  in 
the  petition  has  been  sustained,  judgment  shall  be  rendered  declaring  void  the 
election  of  such  defendant  to  such  office  and  ousting  and  excluding  him  from 
such  office  and  declaring  the  office  vacant,  and  such  vacancy  shall  thereupon 
be  filled  in  the  manner  provided  by  law  or  by  the  constitution  of  this  state 
with  relation  to  filling  vacancies  occurring  in  such  office.     (1899  p.  154;  Ann. 
5976;  Comp.  3436.) 

2363  Sec.  425.  Same — costs. — If  judgment  be  rendered  against  the  de- 
fendant upon  one  or  more  of  the  charges  as  contained  in  the  complaint,  judg- 
ment for  costs  of  the  action  shall  also  be  rendered  against  him ;  but  if  no 
one  of  such  charges  be  sustained,  judgment  for  such  costs  shall  be  rendered 
against  the  applicant  and  his  sureties  upon  his  bond.  (1899  p.  154;  Ann. 
5976;  Comp.  3436.) 

2364  Sec.  426.  Same — witnesses — privileges. — No  person  shall  be  ex-, 
cused  from  answering  any  question  on  trial  of  such  action  relating  to  any  of 
the  facts  claimed  to  have  been  committed  by  any  party  thereto,  or  by  any  of 
the  persons,  committees  or  organizations  mentioned  or  referred  to  in  eighth 


ELECTION  LAWS  O*    NEBRASKA  117 

preceding  section,  on  the  ground  that  such  answer  would  tend  to  incriminate 
or  degrade  the  person  so  testifying,  but  the  testimony  so  given  shall  not  be 
used  in  any  prosecution  or  proceeding,  civil  or  criminal,  against  the  person 
so  testifying,  and  a  person  so  testifying  shall  not  t>e  liable  thereafter  to  in- 
dictment, prosecution  or  punishment  for  the  offense  with  reference  to  which 
his  testimony  was  so  given  and  may  plead  or  prove  the  giving  of  testimony 
accordingly,  in  bar  of  such  indictment  or  prosecution.  (1899  p.  155;  Ann. 
5977;  Comp.  3437.) 

2365  Sec.  427.     Charges  against  member  of  legislature. — The  election  of 
any  person  to  either  house  of  the  legislature  of  the  State  of  Nebraska  may 
be  contested,  by  any  elector  entitled  to  vote  at  the  election  at  which  he  was 
chosen,  on  any  of  the  grounds  for  which  elections  to  other  offices  are  by  the 
foregoing  provisions  of  this  article  required  to  be  avoided.     Such  contest  shall 
be  conducted  in  the  manner  provided  by  law  for  contesting  elections  to  mem- 
bership in  the  legislature.     (1899  p.  155;  Ann.  5978;  Comp.  3438.) 

2366  Sec.  428.     Political  committee — defined. — Every  two  or  more  per- 
sons who  shall  be  elected,  appointed,  chosen  or  associated  for  the  purpose, 
wholly  or  in  part,  of  directing  the  raising,  collection  or  disbursement,  and 
every  two  or  more  persons  who  shall  co-operate  in  the  raising,  collection  or 
distribution,  or  in  controlling  or  directing  the  raising,  collecting  or  disburse- 
ment of  money  used  or  to  be  used  to  further  or  defeat  the  nomination  or 
election  of  any  person  or  any  class  or  number  of  persons  to  public  office,  by 
popular  vote,  or  to  further  or  defeat  the  nomination  for  such  election  of 
any  person  or  any  class  or  number  of  persons  or  in  support  of,  or  opposition  to 
any  measure  or  proposition  submitted  to  popular  vote,  shall  be  deemed  a 
political  committee  within  the  meaning  of  this  article.     (1899  p.  155;  Ann. 
5979;  Comp.  3439.) 

2367  Sec.  429.     Same — treasurer. — Every  political  committee  shall  ap- 
point and  constantly  maintain  a  treasurer,  who  shall  be  a  resident  of  this 
state,  to  receive,  keep  and  disburse  all  sums  of  money  which  may  be  collected 
or  received  or  disbursed  by  such  committee  or  by  any  of  its  members  for 
any  of  the  purposes  mentioned  in  the  next  preceding  section  of  this  article, 
and  unless  such  treasurer  is  first   appointed  and  thereafter  maintained,   it 
shall  be  unlawful  and  a  violation  of  this  article  for  a  political  committee  or  any 
of  its  members  to  collect,  receive  or  disburse  money  for  any  such  purpose. 
(1899  p.  156;  Ann.  5980;  Comp.  3440.) 

2368  Sec.    430.    Same — account    of    receipts    and    disbursements. — All 
money  collected  or  received  or  disbursed  by  any  political  committee  or  by  any 
member  or  members  thereof,  for  any  of  the  purposes  mentioned  in  the  second 
preceding  section,  shall  be  paid  over  and  made  to  pass  through  the  hands  of 
the  treasurer  of  such  committee,  and  shall  be  disbursed  by  him,  and  it  shall  be 
unlawful  and  a  violation  of  this  article  for  any  political  committee,  or  for  any 
member  or  members  of  a  political  committee,  to  disburse  or  expend  money  for 
any  of  the  objects  or  purposes  mentioned  in  the  second  preceding  section  of 
this   article   until   the   money   so   disbursed   or   expended  shall  have   passed 
through  the  hands  of  the  treasurer  of  such  political  committee.     (1899  p. 

156;  Ann.  5980;  Comp.  3440.) 

12369    Sec.  431.    Same — record   of  money   received  and  spent. — Every 
easurer  of  a  political  committee,  and  every  person  who  shall  at  any  time 


• 


118  ELECTION  LAWS  OF  NEBRASKA 

act  as  such  treasurer,  shall,  whenever  he  receives  or  disburses  money  as  such 
treasurer,  for  or  on  account  of  the  objects  or  purposes  mentioned  in  the 
third  next  preceding  section,  immediately  enter  and  thereafter  keep,  in  a 
proper  book  or  books  to  be  provided  and  preserved  by  him,  a  full,  true,  and 
detailed  statement  and  account  of  each  and  every  sum  of  money  so  received 
or  disbursed  by  him,  setting  forth  in  such  statement  each  sum  so  received  or 
disbursed,  the  object  and  purpose  for  which  it  was  received  or  disbursed,  and 
the  person  from  whom  it  was  received  or  to  whom  it  was  disbursed,  as  the 
case  may  be.  Every  individual  receiving  or  disbursing  money  aggregating 
more  than  twenty  dollars  for  or  on  account  of  any  of  the  objects  and  purposes 
mentioned  in  the  third  next  preceding  section,  unless  he  receives  it  from,  or 
pays  it  to,  the  treasurer  of  a  political  committee,  shall  in  like  manner  keep  in 
a  book  a  detailed  written  account  of  his  receipts  and  disbursements.  (1899 
p.  156;  Ann.  5981;  Comp.  3441.) 

2370  Sec.  432.     Statement  of  receipts  and  disbursements. — Any  person 
or  persons  receiving  money  or  other  thing  of  value  to  disburse  or  expend  on 
behalf  of  a  political  committee,  or  contracting  any  obligations  on  behalf  of 
a  political  committee,  shall  keep  in  writing,  and  within  eight  days  after  each 
and  every  election,  caucus,  convention  or  primary  election  in  or  concerning  or 
in  connection  with  which  he  shall  have  received  it,  or  disbursed  or  promised 
it  or  any  part  thereof,  or  contracted  any  such  obligations,  or  sooner,  if  called 
on  by  the  treasurer  of  the  committee,  furnish  the  treasurer  a  detailed  written 
and  signed  statement  of  such  receipts,  expenditures,  promises  and  obligations 
setting  forth  therein  each  sum  so  received  or  disbursed  or  promised,  as  the  case 
may  be,  and  the  date  when  and  the  person  from  whom  received,  or  to  whom 
paid  or  promised,  as  the  case  may  be,  and  the  character  of  each  such  obliga- 
tion, and  to  whom  incurred,  and  the  object  and  purpose  for  which  each  sum 
was  received,  disbursed  or  promised  and  each  such  obligation  incurred,  which 
statement  shall  be  incorporated  in  and  form  a  part  of  the  statement  and  ac- 
count which  the  treasurer  is  to  keep.     (1899  p.  157;  Ann.  5982;  Comp.  3442.) 

2371  Sec.  433.     Statement  by  treasurer. — Every  treasurer  of  a  political 
committee  as  defined  in  this  article,  and  every  other  person  required  by  the 
second  next  preceding  section  to  keep  an  account,  shall,  fifteen  days  before 
each  and  every  election,  caucus,  convention  or  primary  election  in  or  con- 
cerning, or  in  connection  with  which  he  shall  have  received  or  disbursed  any 
money  for  any  of  the  objects  or  purposes  mentioned  in  the  fifth  next  pre- 
ceding section,  prepare  and  file  in  the  office  of  the  clerk  of  the  county  in  which 
said  treasurer  or  other  person  resides,  a  full,  true  and  detailed  statement, 
subscribed  and  sworn  to  by  him  before  an  officer  authorized  to  administer 
oaths,  setting  forth  the  source  of  any  money  discovered  in  such  treasurer's 
hands  at  the  beginning  of  the  campaign   and  each   and  every   contribution 
received  by  him  amounting  to  more  than  twenty-five  dollars  from  one  per- 
son, whether  the  sum  be  given  in  one  sum  or  in  smaller  sums  aggregating 
more   than  twenty-five   dollars,   and   such   treasurer,   or   other   person,   shall 
after  the  said  publication  until  election  file  on  the  day  that  such  contribution 
is  received,  a  statement  setting  forth  each  and  every  individual  contribution 
in  excess  of  twenty-five  dollars  that  may  be  received.     Any  such  treasurer, 
or  other  person,  shall  not  receive  within  two  days  of  the  election,  any  single 
contribution  above  twenty-five  dollars.     And  every  treasurer  of  a  political 


ELECTION  LAWS  OF  NEBRASKA  119 

committee  as  defined  in  this  article,  and  every  other  person  required  by  the 
second  next  preceding  section  to  keep  an  account,  shall,  within  twenty  days 
after  each  and  every  election,  caucus,  convention  or  primary  election  in  or 
concerning,  or  in  connection  with  which  he  shall  have  received  or  disbursed 
any  money  for  any  of  the  objects  or  purposes  mentioned  in  the  fifth  next  pre- 
ceding section,  prepare  and  file  in  the  office  of  the  clerk  of  the  county  in  which 
such  treasurer  or  person  resides,  a  full,  true  and  detailed  account  and  state- 
ment, subscribed  and  sworn  to  by  him  before  an  officer  authorized  to  ad- 
minister oaths,  setting  forth  each  and  every  sum  of  money  received  or  dis- 
bursed by  him  for  any  of  the  objects  and  purposes  mentioned  in  the  fifth 
next  preceding  section,  the  date  of  receipt  thereof  and  each  disbursment, 
the  name  of  the  person  from  whom  received  or  to  whom  paid  and  the  object 
or  purpose  for  which  the  same  was  received  and  the  object  or  purpose  for 
which  disbursed.  Such  treasurer's  statement  shall  also  set  forth  the  unpaid 
debts  and  obligations,  if  any,  of  such  committee,  with  the  nature  and  amount 
of  each,  and  to  whom  owing,  in  detail  and  if  there  are  no  unpaid  debts,  or 
obligations  of  such  committee,  such  statement  shall  state  such  fact.  No 
treasurer  of  a  political  committee  shall  receive  or  accept  more  than  one 
thousand  dollars  from  any  one  person  to  be  spent  in  any  one  campaign. 
(1899  p.  157;  1909  p.  278;  Ann.  5983;  Comp.  3443.) 

2372  Sec.  434.     Statement  by  individual  contributor. — Every  person  con- 
tributing more  than  two  hundred  and  fifty  dollars  to  any  campaign  fund 
shall  at  the  time  of  making  such  contribution  file  a  statement  with  the  clerk 
of  the  county  in  which  said  person  resides,  the  same  as  if  he  were  treasurer 
of  a  political  committee,  and  for  failure  to  do  so-,  shall  be  subjected  to  the 
same  penalties  as   are  imposed  upon  such  treasurer  for  failure   to   comply 
with  the  provisions  of  this  section.     (1899  p.  157;  1909  p.  278;  Ann.  5983; 
Comp.  3443.) 

2373  Sec.  435.    Statements  required  from  individuals  receiving  or  dis- 
bursing money. — Any  person  not  a  treasurer  of  a  political  committee,  who 
shall  in  his  individual  capacity  receive  money  from  any  other  person  to  be 
used  in  any  campaign  in  this  state,  for  the  election  or  defeat  of  any  candidate, 
shall  be  subject  to  all  of  the  requirements  of  this  article  as  to  the  receiving 
of  said  money,  both  as  to  the  amount  received  and  as  to  the  publication  of 
same,  and  shall,  upon  failure  to  comply  with  the  provisions  of  this  section, 
be  subjected  to  the  same  penalties  as  are  prescribed  for  the  failure  of  a 
treasurer  to  comply  with  the  provisions  of  this  section,  and  with  the  other 
provisions  of  this  article.     (1899  p.  157;  1909  p.  278;  Ann.  5983;  Comp.  3443.) 

2374  Sec.    436.     Claims    against    candidates — when  foarred. — No    claim 
against   any   candidate   on   account   of   any   obligation   incurred    or   promise 
made  by  him  in  furtherance  of  his  nomination,  or  of  the  nomination  or  defeat 
of  any  other  person  or  persons  who  may  be  candidates  for  nomination  for 
any  office  at  the  same  caucus,  convention  or  primary  election,  shall  be  pay- 
able or  be  paid,  unless  presented  for  payment  within  eight  days  after  the 
caucus,  convention  or  primary  election.     No  claim  against  any  political  com- 
mittee shall  be  payable  or  be  paid  unless  presented  for  payment  within  eight 
days  after  the  caucus,  convention  or  primary  election  or  elections,  in  or  con- 
cerning or  in  connection  with  which  it  shall  have  been  incurred  or  promised, 
and  no  claim  against  any  candidate  on  account  of  any  obligation  incurred  or 


120  ELECTION  LAWS  OF  NEBRASKA 

promises  made  by  him  in  furtherance  of  his  election,  or  to  further  or  oppose 
the  election  of  any  other  person  or  persons  voted  for  on  the  same  day  of  elec- 
tion, or  in  support  of  or  opposition  to  any  measure  or  proposition  submitted 
to  popular  vote  on  the  same  day  of  election,  shall  be  payable  or  be  paid  unless 
presented  for  payment  within  eight  days  after  the  election  in  or  concerning  or 
in  connection  with  which  it  shall  bave  been  incurred  or  promised,  nor  shall  any 
claims  not  presented  within  the  time  herein  limited  be  paid,  and  it  shall  be  un- 
lawful to  pay  any  claim  not  presented  within  the  time  herein  limited : 
Provided,  however,  the  district  court  of  the  county  within  which  such  can- 
didate, or  the  treasurer  of  such  committee  resides,  may,  on  petition  filed  and 
good  cause  shown  for  delay,  allow  claims  not  presented  until  after  the  time 
herein  limited  to  be  paid;  two  weeks'  notice  of  the  filing  of  such  petition 
having  been  given  to  the  person,  persons  or  committee  against  whom  such 
claim  is  asserted,  and  also  published  in  two  newspapers  of  opposite  political 
parties,  of  general  circulation,  published  in  said  county,  but  should  such  claim 
not  be  shown  by  the  statement  required  by  this  article  to  be  filed  by  such 
candidate  or  committee,  then  after  their  allowance  and  payment  such  candi- 
date or  committee,  as  the  case  may  be,  shall  file  additional  statements  and 
duplicates  thereof,  duly  verified,  and  in  the  same  manner  as  herein  required 
with  relation  to  their  original  statements.  (1899  p.  158;  Ann.  5984;  Comp. 
3444.) 

2375  Sec.  437.    Statement  of  expenditures  to  be  preserved. — Every  offi- 
cer with  whom  statements  or  accounts  or  duplicates  thereof  are  by  this  ar- 
ticle required  to  be  filed,  shall  receive  and  file  in  his  office,  and  there  keep  as 
part  of  the  records  thereof  for  four  years  after  they  are  filed,  all  such  state- 
ments, duplicates  and  accounts,  and  they  shall  at  all  reasonable  times  be  open- 
ed to  the  public  inspection,  and  copies  thereof  certified  by  such  officer  under 
the  seal,  if  any,  of  his  office  shall  be  admitted  as  evidence  in  all  courts  with 
like  force  and  effect  that  the  original  would  have  if  produced.     After  four 
years  succeeding  the  filing  of  such  papers  they  shall  be  destroyed  by  such  offi- 
cer or  his  successor  in  office.     (1899  p.  159 ;  Ann.  5985  ;  Comp.  3445.) 

2376  Sec.  438.     Penalty  for  failure  to  make  statement. — Every  treasurer 
of  a  political  committee  as  defined  in  this  article  who  shall  wilfully  fail,  ne- 
glect or  refuse  to  make  out,  verify  and  file  with  the  county  clerk  the  statement 
required  by  this  article  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  not  less  than  fifty  nor  more  than  five  hundred  do.llars,  which  fine, 
when  collected,  shall  be  paid  into  the  treasury  of  the  county  in  which  such  fine 
was  assessed,  to  the  credit  of  the  school  fund  of  such  county.     (1809  p.  160; 
Ann.  5986;  Comp.  3446.) 

2377  Sec.  439.     Penalty  for  keeping  false  record.— Every  treasurer  of 
a  political  committee,  and  every  other  person  required  by  the  eighth  preceding 
section  to  keep  an  account,  who  shall  either : 

First — Neglect  or  fail  to  keep  a  correct  book  or  books  of  account,  setting 
forth  all  the  details  required  to  be  set  forth  in  the  account  and  statement  con- 
templated in  this  article  (except  that  the  book  or  books  need  not  be  sub- 
scribed or  sworn  to)  with  intent  to  conceal  the  receipt  or  disbursement  of 
any  sum  received  or  disbursed  by  him  or  by  any  other  person,  or  the  purpose 
or  object  for  which  the  same  was  received  or  disbursed,  or  to  conceal  the 
fact  that  there  is  any  unpaid  debt  or  obligation  of  such  treasurer  or  com- 


ELECTION  LAWS  OF  NEBRASKA  121 

mittee,  or  the  nature  or  amount  thereof,  or  to  whom  owing,  in  detail ;  or, 

Second — mutilate,  deface  or  destroy  any  such  book  or  books  of  account 
with  intent  to  conceal  any  fact  disclosed  by  such  book  or  books;  or, 

Third — having  failed  to  file  within  the  time  prescribed  by  this  article  any 
statement  and  account  which  he  is  by  this  article  required  to  file,  further  fail 
to  file  the  same  within  five  days  after  he  shall  receive  notice  in  writing!  signed 
by  five  resident  freeholders  of  the  county  in  which  such  treasurer  or  person 
resides,  requesting  him  to  file  such  statement  and  account  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  shall  be  imprisoned  for  not  less  than  two  nor 
more  than  six  months.  (1899  p.  160;  Ann.  5987;  Comp.  3447.) 

2378  Sec.  440.    Naturalizing  aliens— penalty.— It  shall  be  unlawful  for 
any  candidate  for  any  office  which  is  to  be  filled  by  popular  election  under  the 
constitution  or  laws  of  this  state,  or  for  any  member  of  a  political  committee 
to  pay,  contribute,  promise  or  offer,  or  to  procure  or  connive  at  the  paying, 
contributing,   promising   or   offering  any   money   or  thing   of   value   for  the 
purpose  of  procuring,  facilitating  or  defraying  any  fees  or  expenses  in  con- 
nection with  the  naturalization  of  any  alien  or  aliens,  and  any  violation  of 
this  section  shall  be  punishable  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars,  or  imprisonment  for  not  less  than  ten  nor  more 
than  thirty  days,  or  both.     (.1899  p.  161;  Ann.  5988;  Comp.  3448'.) 

2379  Sec.  441.     Conveying  voters  to  polls  forbidden. — It  shall  be  unlaw- 
ful for  any  candidate  or  committee  to  run  or  cause  to  be  run  any  conveyance 
for  the  purpose  of  conveying  voters  to  the  polls,  and  any  person  violating  the 
provisions  of  this  section  shall  be  fined  in  the  sum  of  fifty  dollars,  or  im- 
prisoned in  the  county  jail  not  less  than  thirty  days:     Provided,  nothing  in 
this  section  shall  be  construed  to  interfere  with  conveying  sick  or  disabled 
persons  who  are  not  able  without  assistance  to  attend  the  election.     (1911  p. 
554;  Ann.  5991,  5992;  Comp.  7863c,  7863d.) 

2380  Sec.  442.     Corporation  contributions  prohibited — penalty. — It  shall 
be  unlawful  and  a  misdemeanor  for  any  corporation  whatsoever,  whether  or- 
ganized under  the  laws  of  this  state,  or  any  other  state  or  government  and 
doing  business  in  this  state,  to  give  or  contribute  any  money,  property,  trans- 
portation, help  or  assistance  in  any  manner  or  form  to  any  political  party, 
or  to  any  candidate  for  any  civil  office,  or  to  any  political  organization  or 
committee   or  to  any  individual  to  be  used  or  expended  for  any  political 
purposes ;  and  any  such  corporation  violating  any  of  the  provisions  of  this 
section  shall,  on  conviction  thereof,  be  fined  the  sum  of  one  thousand  dollars 
for  its  first  offense  and  upon  the  second  and  each  subsequent  offense  shall  be 
fined  the  sum  of  two  thousand  dollars;  and  if  the  offending  corporation  be 
organized  under  the  laws  of  this  state  the  court  shall  decree  that  its  charter 
be  cancelled  and  set  aside  and  if  the  offender  be  organized  or  chartered  in 
another  state,  territory  or  government  and  doing  business  within  this  state, 
it  shall  forfeit  its  right  to  do  further  business  in  this  state,  and  it  is  hereby 
made  the  duty  of  the  attorney  general  to  proceed  against  such  corporations 
violating  the  provisions  of  this  section.     (1897  p.  185 ;  Ann.  4249  ;  Comp.  2103 ; 
1897  p.  185;  Ann.  4250;  Comp.  2104;  1897  p.  185;  Ann.  4251;  Comp.  2105.) 

2381  Sec.  443.     Same — disposition  of  fine — reward  to  complaining  wit- 
ness.— All  fines  collected  under  the  provisions  of  the  next  preceding  section 
shall  be  paid  into  the  treasury  of  the  county  where  the  prosecution  was  had, 


122  ELECTION  LAWS  OF  NEBRASKA 

for  the  use  and  benefit  of  the  school  fund,  and  the  county  authorities  of  such 
county  shall,  upon  the  proper  application  of  the  person  entitled  thereto,  in 
the  manner  provided  for  the  presentation  of  other  claims  against  counties, 
cause  to  be  paid  to  the  complaining  witness  in  such  prosecution,  out  of  the 
general  funds  of  the  county,  an  amount  equal  to  one-fourth  of  the  fine  actu- 
ally collected.  (1897  p.  185:  Ann.  4249;  Comp.  2103;  1897  p.  185;  Ann.  4250; 
Comp.  2104;  1897  p.  185;  Ann.  4251;  Comp.  2105.) 


ARTICLE  XXI. 

OFFENSES    AGAINST     ELECTIONS  AND     REGISTRATIONS. 

SECTION  SECTION. 

2382.  Applicability  to  all  election.  2402  Electioneering,  etc.  —  penalty. 

2383.  Voting  out  of  resident  precinct.  2403.  Tampering-  with   voting-  machine. 

2384.  Voting-  outside  county  of  residence.  2404.  Malfeasance  of  public  officer. 
2385       Voting  more  than  once.  2405.  Employer  coercing  voter. 

2386.  Resident    of    another    state    voting    in  2406.  Fraudulent  registration  —  penalty. 

this   state  .  2407.  Neglect  of  duty  of  supervisor  of  reg- 

2387.  Disqualified  person   voting.  istration. 

2388.  Aiding  unlawful  voting.  2408.  Mutilating,     removing     or     destroying 

2389.  Procuring    another    to    vote    in    county  registration   records  by  officers. 

other  than  resident.  2409.  Mutilating,     removing     or     destroying 

2390.  Bribing  or  threatening  to  influence  vote  registration  records  by  strangers. 

of  another.  2410.  False   swearing   by    voter   at   registra- 

2391.  Deceiving  illiterate   elector.  tion,   penalty. 

2392.  Misconduct  of  election  officer.  2411.  Same  —  subornation   of  perjury. 

2393.  Fraudulent   voting.  2412.  Wilful   neglect   of   duty   by   supervisor 
2394       Same  —  by  election  officer.  of  registration. 

2395.  Altering,  changing,  defacing,  etc.,  bal-  2413.  Misconduct  of   supervisor   of  registra- 

lots,  poll-books,  etc.  tion. 

2396.  Unlawful  possession  of  poll-books,  tal-  414.  Hindering  registration. 

ly   sheets,    etc.  2415.  Obstructing    supervisors    in    discharge 

2397.  Obtaining  possession  of  ballot  or  bal-  °f   duties. 

lot   boxes.  2416.  Taking  intoxicating  liquor  to  place  of 

2398.  Destroying     ballots,     ballot     boxes     or  registration. 

poll-books.  2417.  County  attorney  to  prosecute  offenders. 

2399.  Same  —  attempt  to  commit  2418.  Irregularities  not  a  defense  for  violat- 

2400.  Illegal  prinUng  or  distributing  ballots 


2419      offtrlm          elections. 
2401.     Unlawful    opening    or    possessing    bal-  "teS^'Zg^^ 

2382  Sec.  444.    Applicability  to  all  elections.  —  The  provisions  of  this 
article  shall  apply  to  all  elections  authorized  by  the  laws  of  this  state.     (1873 
p.  766;  Ann.  2263;  Comp.  7845.) 

2383  Sec.  445.     Voting  out  of  resident  precinct.  —  Any  person  who  shall 
vote  in  any  precinct,  school  district,  village  or  in  any  ward  of  a  city  in  this 
state  in  which  he  has  not  actually  resided  ten  days  or  such  length  of  time  as 
required  by  law  next  preceding  the  election,  or  into  which  he  shall  have  come 
for  temporary  purposes  merely,  shall  on  conviction  thereof  be  fined  in  any 
sum  not  less  than  twenty-five  dollars,  nor  more  than   one  hundred  dollars 
or  be  imprisoned  in  the  jail  of  the  proper  county  not  more  than  three  months. 
(1873  p.  766;  1901  p.  500;  Ann.  2264;  Comp.  7846.) 

2384  Sec.  446.     Voting  outside  county  of  residence.  —  Any  person  being 
a  resident  of  this  state  who  shall  go  or  come  into  any  county,  and  vote  in 
such  county,  not  being  an  actual  resident  thereof,  for  forty  days  next  pre- 
ceding the  election,  or  for  such  time  as  may  at  the  time  be  required  by  law, 
shall,  on  conviction  thereof,  be  imprisoned  in  the  penitentiary  not  more  than 
three  years.     (1873  p.  767;  Ann.  2265;  Comp.  7847.) 

2385  Sec.  447.     Voting  more  than  once.  —  Any  person  who  shall   vote 
more  than  once  at  the  same  election  shall  be  imprisoned  in  the  penitentiary 


ELECTION  LAWS  OF  NEBRASKA  123 

not  more  than  five  years  nor  less  than  one  year.     (1873  p.  767;  Ann.  2266; 
Comp.  7848.) 

2386  Sec.  448.    Resident  of  another  state  voting  in  this  state.— Any 
resident  of  another  state  who  shall  vote  in  this  state  shall,   on  conviction 
thereof,  be  imprisoned  in  the  penitentiary  not  more  than  five  years.     (1873 
p.  767;  Ann.  2267;  Comp.  7849.) 

2387  Sec.  449.     Disqualified  person  voting. — Any  person  who  shall  vote 
who  shall  not  have  been  a  resident  of  this  state  for  six  months,  or  such  time 
as  required  by  law,  immediately  preceding  the  election,  or  who,  at  the  time 
of  the  election,  is  not  twenty-one  years  of  age,  knowing  that  he  is  not  twenty- 
one  years  of  age,  or  who  is  not  a  citizen  of  the  United  States,  and  has  not 
filed  his  declaration  to  become  such  according  to  the  laws   of  the  United 
States,  knowing  that  he  is  not  such  citizen,  and  that  he  has  not  filed  such 
declaration,  or  who,  being  disqualified  by  law,  by  reason  of  his  conviction 
of  some  infamous  crime,  shall  not  have  been  pardoned  and  restored  to  all 
the  rights  of  a  citizen,  shall  be  imprisoned  in  the  county  jail  of  the  proper 
county  not  more  than  six  months.     (1873  p.  767;  Ann.  2268;  Comp.  7850.) 

2388  Sec.  450.     Aiding  unlawful  voting. — Any  person  who   shall  pro- 
cure, aid,  or  assist,  counsel,  or  advise  another  to  give  his  vote,  knowing  that 
such  other  person  has  not  been  a  resident  of  this  state  six  months,  or  such  time 
as  required  by  law,  immediately  preceding  the  election,  or  that,  at  the  time 
of  election,  he  is  not  twenty-one  years  of  age,  or  that  he  is  not  a  citizen 
of  the  United  States,  and  that  he  has  made  no  declaration  according  to  law 
to  become  such  citizen;  or  that  he  is  not  duly  qualified  from  other  disability 
to  vote  at  the  place  where,  and  the  time  when  the  vote  is  to  be  given,  shall 
be  fined  in  any  sum  not  exceeding  five  hundred  dollars,  and  imprisoned  in 
the  county  jail  not  more  than  six  months.     (1873  p.  767;  Ann.  2269;  Comp. 
7851.) 

2389  Sec.  451.    Procuring  another  to  vote  in  county  other  than  resi- 
dent.— Any  person  who  shall  procure,  aid,  assist,  counsel,  or  advise  another 
to  go  or  come  into  any  county,  for  the  purpose  of  giving  his  vote  in  such 
county,  knowing  that  the  person  is  not  duly  qualified  to  vote  in  such  county, 
shall  be  imprisoned  in  the  penitentiary  not  more  than  five  years  nor  less  than 
one  year.     (1873  p.  767;  Ann.  2270;  Comp.  7852.) 

2390  Sec.  452.    Bribing  or  threatening  to  influence  vote  of  another.— 
Any  person  who  shall,  by  bribery,  attempt  to  influence  any  elector  of  this 
state  in  giving  his  vote  or  ballot,  or  who  shall  use  any  threat  to  procure  any 
elector  to  vote  contrary  to  the  inclination  of  such  elector,  or  to  deter  him 
from  giving  his  vote  or  ballot,  shall  be  fined  in  any  sum  not  exceeding  five 
hundred  dollars,  and  be  imprisoned  in  the  county  jail  not  more  than  six 
months.     (1873 V  768  ;  Ann.  2271 ;  Comp.  7853.) 

2391  Sec.  453.     Deceiving  illiterate  elector. — Any  person  who  shall  fur- 
nish an  elector  who  cannot  read  with  a  ticket,  informing  him  that  it  contains 
a  name  or  names  different  from  those  which  are  written  or  printed  thereon, 
with  an  intent  to  induce  him  to  vote  contrary  to  his  inclination ;  or  who  shall 
fraudulently  or  deceitfully  change  a  ballot  of  any  elector,  by  which  such 
elector  shall  be  prevented  from  voting  for  such  candidate  or  candidates  as 
he  intended,  shall  be  imprisoned  in  the  penitentiary  not  more  than  three 
.years.     (1873  p.  768 ;  Ann.  2272 ;  Comp.  7864.) 


124  ELECTION  LAWS  OF  NEBRASKA 

2392  Sec.  454.    Misconduct   of   election   officer. — If   any   judge   of   the 
election  shall  knowingly  receive  or  sanction  the  reception  of  a  vote  from  any 
person  not  having  all  the  qualifications  of  an  elector  prescribed  by  the  laws 
of  this  state ;  or  shall  receive  or  sanction  the  reception  of  a  ballot  from  any 
person  who  shall  refuse  to  answer  any  question  which  shall  be  put  to  him  in 
accordance  with  the  requirements   of  the  laws  of  this  state ;   or  who   shall 
refuse  to  take  the  oath  prescribed  by  the  laws  of  this  state;  or  shall  refuse 
to  sanction  the  refusal  by  any  other  judge  of  the  board  to  which  he  shall 
belong  to  administer  any  oath  or  affirmation  required  by  the  laws  of  this 
state,  and  in  such  case  required  to  be  administered;  or  if  any  judge  of  the 
election  shall  refuse  to  receive  or  shall  sanction  the  rejection  of  a  ballot  from 
any  person,  knowing  him  to  have  the  qualifications  of  an  elector  under  the 
provisions  of  the  laws  of  this  state,  at  the  place  where  such  elector  offers 
to  vote,  or  if  any  judge  or  clerk  of  the  election,  on  whom  any  duty  is  en- 
joined by  the  laws  of  this  state,  shall  be  guilty  of  any  wilful  neglect  of 
any  such  duty,  or  of  any  corrupt  conduct  in  the  execution  of  the  same ;  such 
judge  or  clerk  shall  be  fined  in  any  sum  not  more  than  one  thousand  dollars 
nor  less  than  three  hundred  dollars,   and  be  imprisoned  in  the  jail  of  the 
county  not  more  than  six  months  nor  less  than  three  months:     Provided,  so 
much  of  the  provisions  of  this  section  as  may  be  superseded  by  any  regis- 
tration laws  in  force  shall  not  be  operative  where  such  laws  are  in  force. 
(1873  p.  768;  Ann.  2273;  Comp.  7855.) 

2393  Sec.  455.     Fraudulent  voting". — Any  person  or  persons,  who  shall, 
either  before   or  after  proclamation   is  made   of  the   opening   of  the  polls, 
fraudulently  put  a  ballot  or  ticket  into  the  ballot-box,  shall  be  imprisoned 
in  the  penitentiary  not  more  than  three  years  nor  less  than  one  year.     (1873 
p.  768;  Ann.  2274;  Comp.  7856.) 

2394  Sec.  456.     Same — by  election  officer. — Any  judge  or  judges  of  the 
election  who  shall,  after  proclamation  made  of  the  opening  of  the  polls,  put 
a  ballot  or  ticket  into  the  ballot-box,  except  his  or  their  own  ballot  or  ticket, 
or  such  as  may  be  received  in  the  regular  discharge  of  his  or  their  duties  as 
such  judge  or  judges,  or  who  shall  knowingly  permit  any  ballot  or  ticket, 
fraudulently  placed  or  deposited  in  such  ballot-box  by  any  other  person  or 
persons,  to  remain  therein  or  be  counted  with  the  legal  votes  cast  at  such 
election,  shall  be  imprisoned  in  the  penitentiary  not  more  than  three  years 
nor  less  than  one  year.     (1873  p.  769;  Ann.  2275;  Comp.  7857.) 

2395  Sec.  457.    Altering,  changing,  defacing,  etc.,  ballots,  poll  books, 
etc. — Any  judge  or  clerk  of  any  election  under  the  laws  of  this  state,  or  any 
other  person  or  persons  who  shall,  at  any  time  wilfully,  knowingly,  and  with 
fraudulent  intent,  inscribe,  write,  or  cause  to  be  inscribed  or  written,  in  or 
upon  any  poll  book,  tally  sheet,  tally  list,  in  or  upon  any  book  or  paper  pur- 
porting to  be  such,  or  upon  any  election  returns  under  the  laws  of  this  state, 
or  upon  any  book  or  paper  containing  the  same,  the  name  or  names  of  any 
person  or  persons  not  entitled  to  vote  at  such  election,  or  not  voting  thereat, 
or  any  fictitious  name,  with  intent  to  defeat,  hinder,  or  prevent  a  fair  ex- 
pression of  the  will  of  the  people  at  such  election,  shall  be  imprisoned  in  the 
penitentiary,  not  more  than  three  years  nor  less  than  one  year.     (1873  p.  769; 
Ann.  2276;  Comp.  7858.) 

2396  Sec.  458.     Unlawful  possession  of  poll  books,  tally  sheets,  etc.— 


ELECTION  LAWS  OF  NEBRASKA  125 

Any  person  or  persons  who  shall,  at  any  time,  have  in  his  or  their  posses- 
sion any  falsely  made,  altered,  forged,  or  counterfeited  poll  book,  tally 
sheet,  tally  list,  or  election  returns  of  any  election  under  the  laws  of  this 
state,  knowing  the  same  to  be  falsely  made,  altered,  forged,  or  counterfeited, 
with  intent  to  hinder,  defeat,  or  prevent  a  fair  expression  of  the  popular 
will  at  any  such  election,  shall  be  imprisoned  in  the  penitentiary  not  more 
than  three  years  nor  less  than  one  year.  (1873  p.  769;  Ann.  2277-  Comp 
7859.) 

2397  Sec.  459.     Obtaining  possession  of  ballots  or  ballot  boxes.— If  any 

person  or  persons,  at  any  election  held  by  virtue  of  any  laws  of  this  state, 
in  any  ward  of  any  city,  or  in  any  village  or  election  precinct  in  any  county 
of  this  state,  shall  unlawfully,  either  by  force,  violence,  fraud,  or  other  im- 
proper means,  obtain  possession  of  any  ballot-box,  or  any  ballot  or  ballots 
therein  deposited,  while  the  voting  at  such  election  is  going  on,  or  before 
the  ballots  shall  have  been  duly  taken  out  of  such  ballot-box  by  the  judges 
of  election  according  to  law,  such  person  or  persons  shall  be  imprisoned  in 
the  penitentiary  not  more  than  three  nor  less  than  one  year.  (1873  p.  769; 
Ann.  2278;  Comp.  7860.) 

2398  Sec.  460.    Destroying  ballots,  ballot  boxes  or  poll  books.— Who- 
ever, from  the  time  any  ballots  are  cast  or  voted  until  the  time  has  expired 
for  using  the  same  as  evidence  in  any  contest  of  an  election,  shall  unlawfully 
destroy,  or  attempt  to  destroy,  or  incite  or  request  another  to  destroy  any 
ballot-box  or  poll  book  used  at  any  election,  or  shall  within  the  same  time 
unlawfully  destroy,  falsify,  mark,  or  write  on  any  ballot  cast  or  voted,  or 
shall  within  the  same  time  change,  alter,  erase   or  tamper  with  any  name 
contained  on  any  ballot  cast  or  voted,  shall  be  imprisoned  in  the  penitentiary 
not  more  than  five  years  nor  less  than  one  year.     (1873  p.  769;  1901  p.  501; 
Ann.  2279;  Comp.  7861.) 

2399  Sec.  461.     Same — attempt  to  commit. — If  any  person  or  persons, 
at  any  election  held  by  virtue  of  any  law  of  this  state,  in  any  ward  of  any 
city,  or  in  any  village  or  election  precinct  of  any  county  in  this  state,  shall 
unlawfully,  either  by  force,  violence,  fraud,  or  other  improper  means,  attempt 
to  obtain  possession  of  any  ballot-box,  or  any  ballot  or  ballots  therein  de- 
posited, while  the  voting  at  such  election  is  going  on,  or  before  the  ballots 
shall  all  have  been  duly  taken  out  of  such  ballot-box  by  the  judges  of  such 
election,  according  to  law ;.  or  if  any  person  or  persons  shall  unlawfully  at- 
tempt to  destroy  any  ballot-box  used,  any  ballot  or  vote  deposited,  any  poll 
book  kept  at  any  election  held  by  virtue  of  any  law  of  this  state,  such  person 
or  persons   shall   be   imprisoned   in  the   penitentiary   not   less   than   one   nor 
more  than  three  years.     (1873  p.  770;  Ann.  2281;  Comp.  7862.) 

2400  Sec.  462.    Illegal  printing  or  distributing  ballots— penalty. — Any 
person  causing  ballots  to  be  printed  with  a  designated  heading  containing 
a  name  or  names  not  found  on  the  regular  ballot  having  such  heading,   or 
any  person  knowingly  peddling  or  distributing  any  such  ballot  with  intent 
to  have  such  ballot  voted  at  any  such  general  or  special  election,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  on  conviction  thereof,  for  each 
offense,  befined  in  any  sum  not  less  than  fifty  nor  more  than  two  hundred 
dollars,  and  be  imprisoned  in. the  county  jail  not  exceeding  sixty  days.     (1883 
p.  228;  Ann.  5840;  Comp.  3325.) 


126  ELECTION  LAWS  OF  NEBRASKA 

2401  Sec.  463.     Unlawful  opening-  or  possessing  ballots. — Any  judge  or 
clerk  of  election,  or  printer,  or  other  person  entrusted  with  the  custody  or 
delivery  of  ballots,  blanks,  poll  books,  cards  of  instruction,  or  other  required 
papers,  who  shall  unlawfully  open,  or  permit  to  be  opened,  any  sealed  pack- 
ages containing  ballots,  or  who  shall  give  or  deliver  to  any  person  not  law- 
fully entitled  thereto,  an  official  ballot,  or  shall  unlawfully  misplace  or  carry 
away,  or  shall  negligently  lose,  or  permit  to  be  taken  away  from  him,  or 
fail  to  deliver,  or  shall  destroy  any  such  package  of  ballots  or  any  ballot, 
blank,  poll  book,  card  of  instructions,  or  required  paper;  or  if  any  printer 
employed  to  print  the  official  ballots,  or  any  person  engaged  in  printing  the 
same,  shall  print,  or  cause  or  permit  to  be  printed  any  official  ballots  printed 
otherwise  than  the  copy  for  the  same  furnished  by  the  proper  clerk,  or  print 
any  false  or  fraudulent  ballots,  or  shall  appropriate  to  himself,  or  give,  or  de- 
liver, or  knowingly  permit  to  be  taken,   any  of  said  ballots  by  any  other 
person  than  the  said  clerk,  or  who  knowingly  or  wilfully  seals  up  or  causes 
or  permits  to  be  sealed  up,  or  delivers  to  the  said  clerk  a  less  number  of  bal- 
lots than  the  number  endorsed  thereon ;  or  any  person  who  shall  knowingly 
have  in  his  possession  any  official  ballot  illegally  obtained,  or  shall  attempt 
to  vote  any  other  than  the  official  ballot  lawfully  obtained,  every  such  per- 
son violating  any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of 
a  misdemeanor  and  fined  not  less  than  fifty  dollars  nor  more   than  three 
hundred  dollars,   or  be  imprisoned  in  the  county  jail  not  less   than  three 
months  nor  more  than  one  year,  or  both.     (1897  p.  227;  1901  p.  349;  Ann. 
5832;  Comp.  3388.) 

2402  Sec.  464.     Electioneering,  etc. — penalty. — No     officer    of    election 
shall  do  any  electioneering  on  election  day.     No  person  whomsoever  shall 
do  any  electioneering  on  election  day  within  any  polling  place,  or  any  build- 
ing in  which  an  election  is  being  held,  or  within  one  hundred  feet  thereof, 
nor  obstruct  the  doors  or  entries  thereto,  or  prevent  free  ingress  to  and  egress 
from  said  building.     Any  election  officer,  sheriff,  constable,  or  other  peace 
officer,  is  hereby  authorized  and  empowered,  and  it  is  hereby  made  his  duty 
to  clear  the  passage  ways  and  prevent  such  obstruction,  and  to  arrest  any 
person  so  doing.     No  person  shall  remove  any  ballot  from  the  polling  place 
before  the  closing  of  the  polls.     No  person  shall  show  his  ballot  after  it  is 
marked  to  any  person  in  such  a  way  as  to  reveal  the  contents  thereof,  or  the 
name  of  the  candidate  or  candidates  for  whom  he  has  marked  his  vote,  nor 
shall  any  person  solicit  the  elector  to  show  the  same ;  nor  shall  any  person 
except  a  judge  of  election  receive  from  any  elector  a  ballot  prepared  for 
voting.     No  elector  shall  receive  a  ballot  from  any  other  person  than  one  of 
the  judges  of  election  having  charge  of  the  ballots ;  nor  shall  any  person 
other  than  the  judges  of  election  deliver  a  ballot  to  such  elector.     No  elector 
shall  vote  or  offer  to  vote  any  ballot  except  such  as  he  received  from  the 
judges  of  election  naving  charge  of  the  ballots.     No  elector  shall  place  any 
mark  upon  his  ballot  by  which  it  may  afterwards  be  identified  as  the  one 
voted  by  him.     Every  elector  who  does  not  vote  a  ballot  delivered  to  him 
by  the  judges  of  election  having  charge  of  the  ballots  shall,  before  leaving 
the  polling  place,  return  such  ballot  to  such  judges.     Whoever  shall  violate 
any  of  the  provisions  of  this  section  shall,  upon  conviction  thereof  in  any 
court  of  competent  jurisdiction,  be  fined  in  any  sum  not  less  than  twenty-five 


ELECTION  LAWS  OF  NEBRASKA  127 

dollars  nor  more  than  one  hundred  dollars,  and  adjudged  to  pay  the  cost 
of  prosecution.     (1897  p.  227:  Ann.  5834;  Comp.  3390.) 

Ballots  with  intentional  identifying-  marks  are  void.  Mauck  v.  Brown,  59  Neb.  382 
(81  N.  W.  313.)  But  it  must  appear  that  markings  were  for  purpose  of  identification 
Gauvreau  v.  Van  Patten,  83  Neb.  64  (119  N.  W.  1). 

2403  Sec.  465.     Tampering  with  voting  machine.— The     provisions     of 
this  article  shall  apply  to  elections  with  voting  machines.     Any  person  who 
shall  before  or  during  an  election  tamper  with  any  voting  machine ;  or  who 
shall  interfere  or  attempt  to  interfere  with' the  correct  operations  of  the  vot- 
ing machine,  or  the  secrecy  of  voting;  or  who  shall  wilfully  injure  a  voting 
machine  to  prevent  its  use ;  or  any  election  or  police  officer,  or  any  one  em- 
ployed to  assist  in  the  care  or  arrangement  of  the  voting  machine,  who  shall 
permit  any  person  to  violate  the  secrecy  of  the  voting,  or  to  interfere  in  any 
way  with  the  correct  operation  of  the  voting  machine ;  or  any  unauthorized 
person  who  shall  make  a  duplicate  or  have  in  his  possession  a  key  to  a  vot- 
ing machine  that  has  been  adopted  and  will  be  used  in  elections  in  this  state, 
shall  be  guilty  of  a  felony,  punishable  by  imprisonment  in  a  state  prison  for 
not  less  than  one  year  nor  more  than  five  years.     (1905  p.  362;  Ann.  5933; 
Comp.  3360m.) 

2404  Sec.  466.    Malfeasance  of  public  officer. — Every  public  officer  upon 
whom  any  duty  is  imposed  by  this  chapter  who  shall  wilfully  do  or  perform 
any  act  or  thing  herein  prohibited,  or  neglect  or  omit  to  perform  any  duty 
as  imposed  upon  him  by  the  provisions  of  this  chapter,  shall,  upon  convic- 
tion thereof,  forfeit  his  office,  and  shaj.1  be  punished  by  a  |pe  of  not  less 
than  fifty  dollars  and  not  more,  than  three  hundred  dollars  or  by  imprison- 
ment in  the  county  jail  for  a  term  of  not  less  than  three  months  nor  more 
than  one  year,  or  by  both.     (1897  p.  227;  1901  p.  350;  Ann.  5833;  Comp. 
3389.) 

2405  Sec.  467.     Employer  coercing  voter. — It  shall  be  unlawful  for  any 
person  or  persons,  firm,  company  or  corporation  employing  any  voter  in  the 
State  of  Nebraska  to  coerce  or  in  any  way  attempt  to  coerce  such  voter  in 
his  voting  or  any  other  political  action  at  any  primary,  caucus,  convention 
or  election  held  or  to  be  held  in  this  state  or  to  attempt  to  influence  the 
political  action  of  such  voter  by  threatening  to  discharge  him  because  of  his 
political  action,  or  by  threats  on  the  part  of  such  person  or  persons,  firm, 
company  or  corporation  to  close  his  or  its  place  of  business  in  the  event  of 
the  election  of  any  candidate  for  public  office,  or  in  the  event  of  the  success 
of  any  political  party  at  any  election ;  and  any  person  or  persons,  firm  com- 
pany or  corporation  in  this  state  found  guilty  of  a  violation  of  this  section 
shall  be  fined  not  more  than  one  hundred  dollars  or  be  imprisoned  not  to 
exceed  thirty  days  in  the  county  jail.     (1909  p.  579;  Ann.  5989,  5990;  Comp. 
7863a,  7863b.) 

2406  Sec.  468.     Fraudulent  registration — penalty. — If  at  any  registra- 
tion of  voters,  or  at  any  meeting  of  supervisors  of  registration  held  for  such 
purposes  or  for  a  revision  thereof  as  provided  in  articles  XIII  or  XIV  of  this 
chapter,  any  person  shall  falsely  personate  an  elector  or  other  person,  and 
register  or  attempt  or  offer  to  register  in  the  name  of  such  elector  or  other  per- 
son ;  or  if  any  person  shall  knowingly  or  fraudulently  register,  or  offer,  or  at- 
tempt or  make  application  to  register,  in  or  under  the  name  of  any  other  per- 


128  ELECTION  LAWS  OF  NEBRASKA 

son,  or  in  or  under  any  false,  assumed,  or  fictitious  name,  or  in  or  under  any 
name  not  his  own;  or  shall  knowingly  or  fraudulently  register  in  two  election 
districts;  or  having  registered  in  one  district,  shall  fraudulently  attempt  or 
offer  to  register  at  any  election  district  not  having  a  lawful  right  to  register 
therein;  or  shall  knowingly  or  wilfully  do  any  unlawful  act  te  secure  regis- 
tration for  himself  or  any  other  person;  or  shall  knowingly,  wilfully,  or 
fraudulently,  by  false  personation  or  otherwise,  or  by  any  unlawful  means, 
cause  or  procure,  or  attempt  to  cause  or  procure,  the  name  of  any  qualified 
voter  in  any  election  precinct  to  be  erased  or  stricken  from  any  register  of 
the  voters  of  such  precinct,  made  in  pursuance  of  article  XIII  or  XIV  or  other- 
wise provided;  or  by  force,  threat,  menace,  intimidation,  bribery,  reward,  or 
offer  or  promise  thereof,  or  other  unlawful  means,  prevent,  hinder,  or  delay  any 
person  having  a  lawful  right  to  register,  or  to  be  registered,  from  duly  exer- 
cising such  right;  or  who  shall  knowingly,  wilfully  or  fraudulently  compel 
or  induce,  or  attempt,  or  offer  to  compel  or  induce,  by  such  means,  or  any 
unlawful  means,  any  supervisor  of  registration,  or  other  officer  of  registra- 
tion, to  register  any  person  not  lawfully  entitled  to  registration  in4  such 
precinct,  or  to  register  any  false,  assumed,  or  fictitious  name,  or  any  name  of 
any  person,  except  as  provided  in  article  XIII  or  XIV ;  or  shall  knowingly,  or 
wilfully,  or  fraudulently  interfere  with,  hinder,  or  delay  any  supervisor  of  reg- 
istration, or  other  officer  of  registration,  in  the  discharge  of  his  duties  or  coun- 
sel, advise,  or  induce,  or  attempt  to  induce  any  such  supervisor,  or  other  officer 
to  refuse,  or  neglect  to  comply  with,  or  to  perform  his  duties,  or  to  violate 
any  law  prescribing  or  regulating  the  same,  or  shall  aid,  counsel,  procure, 
or  advise  any  voter,  person,  supervisor,  or  other  officer  of  registration,  to 
do  any  act  forbidden  by  this  chapter,  or  in  this  chapter  constituted  an  offense, 
or  to  omit  to  do  any  act  by  law  directed  to  be  done,  every  such  person  shall, 
upon  conviction  thereof,  be  adjudged  guilty  of  a  felony,  and  shall  be  pun- 
ished by  imprisonment  in  the  state  prison  not  less  than  one  nor  more  than 
five  years.  (1889  p.  461;  Ann.  5792;  Comp.  4882;  1903  p.  385;  Ann.  8696; 
Comp.  4914.) 

2407  Sec.  469.    Neglect  of  duty  of  supervisor  of  registration. — If  any 
supervisor  of  registration,  or  revision  of  registration,  shall  be  guilty  of  any 
wilful  neglect  of  his  duty,  or  of  any  corrupt  or  fraudulent  conduct  or  prac- 
tice in  the  execution  of  the  same,  he  shall,  on  conviction  thereof,  be  punished 
by  imprisonment  in  the  county  jail  for  not  less  than  ten  days  nor  more  than 
sixty  days,  or  by  fine  of  not  less  than  one  hundred  dollars  nor  more  than 
two  hundred  dollars,  or  both.     (1889  p.  463;  Ann.  5793;  Comp.  4883;  1903 
p.  386;  Ann.  8697;  Comp.  4915.) 

2408  Sec.  470.    Mutilating,  removing  or  destroying  registration  records 
by  officers. — Every  supervisor  of  registration,  clerk,  or  other  officer,  having 
the  custody  of  any  records,  registers,  or  copy  thereof,  oaths,  certificates,  or 
any  paper,  document  or  evidence  of  any  description  by  law  directed  to  be 
made,  filed  or  preserved,  wTho  is  guilty  of  stealing,  wilfully  destroying,  muti- 
lating, defacing,  falsifying,  or  fraudulently  removing  or  secreting  the  whole 
or  any  part  thereof,  or  who  shall  fraudulently  make  an  entry,  erasure  or 
alteration  therein,  except  as  allowed  and  directed  by  law,  or  who  permits 
any  other  person  so  to  do,  shall  upon  the  conviction  thereof,  be  adjudged  guilty 
of  a  misdemeanor  and  shall  be  punished  for  each  and  every  such  offense  by 


ELECTION  LAWS  OF  NEBRASKA  129 

imprisonment  in  the  county  jail  for  not  less  than  ten  days  nor  more  than 
sixty  days,  and  shall,  in  addition  thereto,  forfeit  his  office.  (1889  p  463- 
Ann.  5794;  Comp.  4884;  1903  p.  386;  Ann.  8698;  Comp.  4916.) 

2409  Sec.  471.    Mutilating,  removing  or  destroying  registration  records 
by  strangers. — Every  person  not  an  officer,  such  as  is  mentioned  in  the  last 
preceding  section,  who  is  guilty  of  any  of  the  acts  specified  in  the  preceding 
section,  or  who  advises,  procures,  or  abets  the  commission  of  the  same,  or 
any  of  them,  shall,  upon  conviction  thereof,  be   adjudged  guilty  of  a  mis- 
demeanor and  for  each  and  every  such  offense  shall,  on  conviction  thereof,  be 
punished  by  imprisonment  in  the  county  jail  for  not  less  than  ten  days  nor 
more  than  sixty,  or  by  fine  of  not  less  than  fifty  dollars  nor  more  than  five 
hundred  dollars,  or  both.     (1889  p.  463;  Ann.  5795;  Comp.  4885;  1903  p.  386; 
Ann.  8698;  Comp.  4916.) 

2410  Sec.  472.     False  swearing  by  voter  at  registration,  penalty. — Any 
person  who  shall  be  guilty  of  wilful  or  corrupt  false  swearing  or  affirming 
in  taking  an  oath  or  affirmation  prescribed  by  or  upon  any  examination  pro- 
vided for  in  article  XIII  or  XIV  of  this  chapter,  or  upon  being  challenged 
as  unqualified  upon  offering  to  register,  shall  be  guilty  of  wilful  and  corrupt 
perjury,  and  upon  conviction  thereof,  shall  be  punished  by  imprisonment  in 
the  penitentiary  for  not  less  than  one  year  and  not  more  than  ten  years. 
(1903  p.  387;  Ann.  8699;  Comp.  4917;  1889  p.  464;  Ann.  5796;  Comp.  4886.) 

2411*  Sec.  473.  Same — subornation  of  perjury. — Every  person  who 
shall  wilfully  and  corruptly  instigate,  advise,  induce,  or  procure  any  person 
to  swear  or  affirm  falsely,  as  set  forth  in  the  next  preceding  section  hereof, 
or  who  shall  attempt  or  offer  so  to  do,  shall  be  guilty  of  subornation  of 
perjury,  and  shall,  upon  a  conviction  thereof,  be  published  by  imprisonment 
in  the  penitentiary  for  not  less  than  one  year  and  not  more  than  ten  years. 
(1903  p.  387;  Ann.  8700;  Comp.  4918;  1889  p.  464;  Ann.  5797;  Comp.  4887.) 

2412  Sec.  474.    Wilful  neglect  of  duty  by  supervisor  of  registration. — 
Any  supervisor  of  registration  who  shall  wilfully  neglect,  or  when  called  upon, 
shall  wilfully  decline  to   exercise  the  powers  conferred  on  him   by   article 
XIII  or  XIV  of  this  chapter  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall   be  punished  by  imprisonment  in  the  county 
jail  for  not  less  than  thirty  days  nor  more  than  six  months,  or  by  a  fine  of 
not  less  than  two  hundred  and  fifty  dollars,  nor  more  than  one  thousand  dol- 
lars, or  by  both.     (1889  p.  466 ;  Ann.  5800 ;  Comp.  4890.) 

2413  Sec.  475.    Misconduct  of  supervisor  of  registration. — If    in     any 
election  precinct  at  any  general  registration  of  voters,  or  revision  thereof, 
in  any  city  governed  by  the  provisions  of  article  XIII  or  XIV  of  this  chapter, 
any  supervisor  of  registration  shall  knowingly  or  wilfully  admi't  any  person 
to  registration  or  make  any  entry  upon  any  register  of  voters,  or  shall  con- 
sent thereto,  unless  a  majority  of  all  supervisors  of  registration  in  said  elec- 
tion precinct  are  present  and  concur,  he  shall,  upon  conviction  thereof,  be 
adjudged  guilty  of  a  misdemeanor,  and  shall  be  punished  by  imprisonment 
in  the  county  jail  not  less  than  thirty  nor  more  than  sixty  days,  or  be  fined 
not  less  than  one  hundred  dollars  nor  more  than  one.  thousand  dollars,  or  by 
both.     And  if  any  supervisor  of  registration  in  any  election  district  shall, 
without  urgent  necessity,  absent  himself  from  the  place  of  registration  in 
said  precinct  upon  any  day  of  registration,  whereby  less  than  a  majority  of 


130  ELECTION  LAWS  OF  NEBRASKA 

all  the  supervisors  in  such  election  precinct  shall  be  present  during  the  hours 
of  registration  or  revision  of  registration,  he  shall,  upon  conviction  thereof, 
and  shall,  on  conviction  thereof,  be  punished  by  imprisonment  in  the  county 
be  adjudged  guilty  of  a  misdemeanor  and  shall  be  punished  by  imprison- 
ment in  a  county  jail  not  less  than  thirty  days  nor  more  than  six  months, 
or  shall  be  fined  not  less  than  one  hundred  dollars  nor  more  than  one  thou- 
sand dollars,  or  both.  (1889  p.  466 ;  Ann.  5801 ;  Comp.  4891.) 

2414  Sec.  476.     Hindering  registration. — If  at  any  general  registration 
of  voters,  or  revision  thereof,  any  person  shall  cause  any  breach  of  the  peace, 
or  use  any  disorderly  violence,   or  threats   of  violence,   whereby  any  such 
registration  or  revision  shall  be  impeded  or  hindered,  or  whereby  the  lawful 
proceedings  of  any  supervisor  of  registration  or  challenger  are  interfered 
with,  every  such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  punished  by  im- 
prisonment in  the   county  jail  not   less  than  ten   days  nor  more   than   six 
months,  or  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  five  hundred 
dollars,  or  both.     (1889  p.  464;  Ann.  5798;  Comp.  4888;  1903  p.  387;  Ann. 
8701;  Comp.  4919.) 

2415  Sec.  477.     Obstructing  supervisors  in  discharge  of  duties. — If  any 
person  shall  knowingly  or  wilfully  obstruct,  hinder,  assault,  or  by  bribery, 
solicitation  or  otherwise  interfere  with  any  supervisor  of  registration  or  other 
person  designated,  as  provided  by  law,  to  be  present  at  any  registration,  in 
the  performance   of  any  duty  required  of  him,  which  he   may  by  law  be 
authorized  or  permitted  to  perform;  or  if  any  person,  by  any  of  the  means 
before  mentioned  or  otherwise  unlawfully,  shall,  on  the  day  of  registration, 
or  revision  of  registration,  hinder  or  prevent  any  supervisor  of  registration 
or  any  person  designated,  as  provided  by  law,  to  be  present  at  such  registra- 
tion, in  his  free  attendance  and. presence  at  the  place  of  registration  in  and 
for  which  he  is  appointed  or  designated  to  serve,  or  in  his  full  and  free 
access  and  egress  to  and  from  any  such  place  of  registration  or  revision  of 
registration  or  to  and  from  any  room  in  which  any  such  registration  or  re- 
vision of  registration  may  be  had;  or  shall  unlawfully  molest,  interfere  with, 
remove  or  eject  from  any  such  place  of  registration  or  revision  of  registra- 
tion any  such  supervisior  of  registration  or  person  designated,  as  provided 
by  law,  or  shall  unlawfully  threaten  or  attempt  or  offer  so  to  do,  every  such 
person  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  imprisonment  in  the  county  jail  for  not  less  than  thirty  days 
nor  more  than  six  months,  or  shall  be  fined  not  less  than  two  hundred  dollars 
nor  more  than  one  thousand  dollars,  or  both,  and  shall  stand  committed  until 
the  fine  and  costs  are  paid.     (1889  p.  465;  Ann.  5799;  Comp.  4889;  1903  p. 
387;  Ann.  8702;  Comp.  4920.) 

2416  Sec.  478.     Taking  intoxicating  liquor  to  place  of  registration.— 
Whoever  during  the  sitting  of  any  board  of  supervisors  of  registration   in 
any  election  precinct  in  any  city,  whether  held  for  the  purpose  of  registra- 
tion or  revision  of  registration,  shall  bring,  take,  order  or  send  into,  or  shall 
cause  to  be  taken,  brought,  ordered  or  sent  into,  or  shall  attempt  to  bring, 
take  or  send  into  any  place  of  registration,  or  revision  of  registration,  any 
intoxicating  liquors  whatever,  or  shall  at  any  such  time  or  place  drink  or 
partake  of  any  such  liquor,  shall  be  deemed  and  held  guilty  of  a  misdemeanor, 


ELECTION  LAWS  OF  NEBRASKA  131 


132  ELECTION  LAWS  OF  NEBRASKA 

this  state  concerning  caucuses  and  elections  shall  also,  in  like  case,  be  an 
offense  in  all  primaries,  and  shall  be  punished  in  the  same  form  and  manner 
as  therein  provided,  and  all  the  penalties  and  provisions  of  the  law  as  to  such 
caucuses  and  elections,  except  as  otherwise  provided,  shall  apply  in  such  case 
with  equal  force  and  to  the  same  extent  as  though  fully  set  forth  in  this 
section.  Any  person  who  shall  forge  any  nomination  paper  shall  be  deemed 
guilty  of  forgery,  and  on  conviction,  punished  accordingly.  Any  person  who, 
being  in  possession  of  nomination  papers  entitled  to  be  filed  under  the  pro- 
visions of  article  XI  of  this  chapter  or  any  act  of  the  legislature,  shall  wrong- 
fully either  suppress,  neglect,  or  wilfully  fail  to  cause  to  be  filed  at  the  proper 
time  in  the  proper  office,  shall  on  conviction  be  punished  by  imprisonment 
in  the  county  jail  not  to  exceed  six  months,  or  by  a  fine  not  to  exceed  five 
hundred  dollars  or  both.  (1907  p.  218 ;  Ann.  5897  ;  Comp.  3327k.) 

2420  Sec.  482.  False  certificates  of  nominations,  or  destroying  same.— 
penalty. — No  person  shall  falsely  make,  or  make  oath  to,  or  fraudulently  de- 
face, or  fraudulently  destroy  any  certificate  of  nomination  or  any  part 
thereof;  or  file,  or  receive  for  filing,  any  certificate  of  nomination,  knowing 
the  same  or  any  part  thereof  to  be  falsely  made;  or  suppress  any  certificate 
of  nomination  which  has  been  duly  filed,  or  any  part  thereof,  or  forge  or 
falsely  make  the  official  endorsement  on  any  ballot.  Every  person  violating 
any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  felony,  and 
upon  conviction  thereof  shall  be  punished  by  imprisonment  in  the  peniten- 
tiary for  a  period  of  not  less  than  one  year  nor  more  than  five  years.  (1897 
p.  226;  Ann.  5831;  Comp.  3387.) 


ELECTION  LAWS  OF  NEBRASKA  133 

ARTICLE  XXII. 

SOLDIER   VOTES. 

SECTION  SECTION 

1.  Elections — soldier   votes.  10.     Canvass  of  primary  elections. 

2.  Election   commissioner.  11.     Canvass   at   general   election. 

3.  Card   index — register.  12.     Canvass  by  election  commissioners. 
4.'   Soldier's  ballots — oath.  13.     Care  of   soldiers'   votes. 

5.  Primary  election — ballots.  14.  Construction   of  act. 

6.  Ballots  mailed  to  voters.  15.  Penalties. 

7.  Soldiers'  votes  in  cities — registers.  16.  Penalties   applicable  to   public  officers. 

8.  List  of  candidates  nominated — instruc-  17.  Organization  and  rules  of  election  com- 

tions  to  voters.  '  mission. 

9.  Official  election  ballots.  18.     Appropriation. 

Section  1.  Elections — Soldiers'  Votes. — Notwithstanding  any  more  gen- 
eral law  respecting  the  time  or  manner  of  voting  for  candidates  for  office  at 
any  general  or  prima'ry  election,  or  the  time  or  manner  of  voting  on  any  ques- 
tion submitted  to  a  popular  vote  at  a  general  election,  or  at  any  primary  or 
general  election  in  any  city  where  registration  of  votes  is  required  by  law,  all 
qualified  electors,  in  war  time,  or  after  peace  but  before  demobilization,  in  the 
actual  military  or  naval  service  of  this  State  or  of  the  United  States,  in  the 
army  or  navy  thereof,  and  by  reason  thereof  absent  from  the  State  on  any  elec- 
tion day,  shall  be  entitled  to  exercise  the  right  of  suffrage  and  to  vote  at  such 
elections  in  the  manner  and  form  provided  for  in  this  Act.  (Laws  1918,  Spec- 
ial Session,  p.  7.) 

.  Sec.  2.  Election  commission. — The  Secretary  of  State  is  hereby  made  the 
State  Election  Commissioner.  To  facilitate  in  the  discharge  of  the  duties 
imposed  by  the  provisions  of  this  Act,  the  Secretary  of  State  shall  appoint  two 
qualified  electors  to  assist  him.  These  appointees  shall  be  known  as  Assistant 
State  Election  Commissioners.  The  State  Election  Commissioner  and  said 
Assistant  State  Election  Commissioners  shall  comprise  a  body  to  be  known  as 
the  State  Election  Commission.  Hereafter,  in  this  Act,  the  State  Election 
Commissioner  shall  be  referred  to  as  "Commissioner";  his  assistants  as  "As- 
sistant Commissioners;"  and  the  State  Election  Commission  as  "Commission." 
The  two  Assistant  Commissioners  provided  for  in  this  section  shall  be  appoint- 
ed by  the  Secretary  of  State  from  a  list  of  names  to  be  recommended  and  sub- 
mitted to  the  Secretary  of  State  by  the  State  Chairmen  of  the  two  political 
parties  that  received  the  highest  percentage  of  votes  at  the  previous  general 
election.  The  Chairman  of  the  State  Committee  of  each  of  these  parties  shall 
submit  a  list  of  three  persons  in  each  of  said  parties,  and  from  this  list  the 
Secretary  of  State  shall  select  one  Assistant  Commissioner  from  each  of  said 
parties.  Assistant  Commissioners  shall  take  the  same  oath  as  that  taken  by 
executive  state  officers,  and  shall  give  a  bond,  to'  be  approved  by  the  Secre- 
tary of  State  in  such  sum  as  he  may  fix.  The  Assistant  Commissioners  pro- 
vided for  in  this  section  shall  be  appointed  as  herein  required  within  thirty 
days  after  this  Act  takes  effect,  and  the  term  of  the  first  Assistant  Commission- 
ers that  are  appointed  shall  expire  on  the  first  day  of  January,  1919,  and  the 
successors  to  the  first  appointees  shall  thereafter  be  appointed  for  a  term  of 
two  years.  Any  vacancy  in  the  office  of  Assistant  Commissioner  shall  be  fill- 
ed in  the  same  manner  as  that  provided  for  in  this  section.  The  person  ap- 
pointed shall  serve  the  unexpired  term.  The  Assistant  Commissioners  shall 
each  receive  a  per  diem  of  Five  Dollars  and  traveling  expenses  for  each  and 
every  day  that  they  are  necessarily  employed  in  discharging  their  duties.  The 
Commission  shall  have  general  charge  and  supervision  of  the  administration 
of  the  provisions  of  this  Act,  and  shall  impartially  discharge  all  duties  impos- 
ed upon  them  and  shall  so  administer  the  provisions  of  this  Act  as  to  carry  out 
its  true  purpose  and  intent.  It  shall  adopt  an  official  seal.  (Laws  1918> 
Special  Session,  p.  7.) 


134  ELECTION  LAWS  OF  NEBRASKA 

Sec.  3.  Card  index — register. — The  Governor  shall  immediately  prepare 
and  make  a  card  index,  on  which  shall  be  entered  the  names  of  voters  of  this 
State,  who  are  now  absent  or  may  hereafter  be  absent  from  their  respective 
election  districts  in  time  of  war,  serving  in  the  army,  navy  or  other  part  of 
the  military  service  of  this  State  or  of  the  United  States.  The  index  cards  of 
the  voters  shall  be  arranged  in  alphabetical  order  for  each  county,  and  also 
for  each  city  in  this  State  where  registration  of  voters  is  required  by  law.  In 
counties  that  include  a  city  in  which  registration  is  required,  two  card  indexes 
shall  be  kept;  one  containing  the  names  of  all  absent  voters  in  the  territory 
in  said  county  outside  of  said  city;  the  other  containing  the  names  of  all 
absent  voters  within  the  city.  Such  index  register  shall  contain  on  each  card 
the  name  of  the  voter,  as  it  appears  on  the  records  of,  the  war  or  navy  de- 
partment, his  post  office  address,  the  county,  precinct  or  city  in  whicji  said  voter 
has  a  legal  residence;  if  he  resides  in  a  city,  his  street  or  residence  number,  or 
such  other  description  as  will  identify  the  place  of  his  residence.  Said  cards 
shall  contain  the  name  or  number  or  other  designation  of  the  Division,  Regi- 
ment, Company,  Troop,  Vessel  or  other  command  in  which  the  absent  voter  is 
serving  at  the  time  of  such  entry,  so  far  as  the  Governor  can  ascertain  the  same. 
If  there  are  military  reasons  why  this  information  should  not  be  placed  on  a 
card,  a  record  of  the  same  shall  be  preserved  in  the  office  of  the  Governor.  The 
Governor  shall  obtain  from  the  proper  military  or  naval  authorities  of  the  na- 
tion, or  from  any  other  source  that  is  available  and  expedient,  the  information 
required  to  carry  out  the  provisions  of  this  Act.  In  the  future,  the  Governor 
shall  keep  a  complete  card  index  in  accordance  writh  the  provisions  of  this 
section,  not  only  of  those  who  are  now  in  the  army  or  navy  of  the  United 
States,  but  also  of  those  who  may  in  the  future  enter  the  military  service  of 
the  State  or  of  the  United  States  in  any  capacity.  The  Governor  shall  make  a 
copy  of  the  names  of  the  various  absent  voters  which  shall  be  known  as  a  gen- 
eral register  and  shall  be  a  public  record  and  shall,  at  all  seasonable  times,  be 
open  to  inspection.  This  register  shall  be  a  copy  as  near  as  may  be  of  the  in- 
formation set  forth  in  the  card  index.  The  names  shall  appear  in  alphabetical 
order  for  each  county,  except  in  counties  which  include  a  city  where  registra- 
tion is  required  by  law,  the  names  of  the  voters  inside  of  said  city  and  those 
outside  of  such  city  shall  be  arranged  in  separate  lists  in  alphabetical  order. 
The  Governor  shall  revise  and  correct  the  index  cards  and  the  register  here- 
in provided  so  that  said  cards  and  the  records  of  the  Governor's  office,  will 
as  near  as  may  be,  correctly  report  the  information  relating  to  absent  voters 
as  required  by  the  provisions  of  this  Act.  The  Governor  shall  file  with  the 
Commissioner  at  least  thirty  days  before  a  statewide,  general  or  primary  elec- 
tion, a  copy  of  the  general  register  as  shown  by  the  records  of  said  office  as 
revised  and  corrected  to  the  date  of  its  filing.  The  Governor  shall  file  with 
the  City  Clerk,  or  other  officer  having  charge  of  the  preparation  of  the  bal- 
lots and  the  conduct  of  an  election  in  any  city  in  which  registration  of  voters 
is  required  by  law,  at  least  thirty  days  before  any  general  or  primary  elec- 
tion in  said  city,  a  copy  of  said  general  register  in  so  far  as  it  relates  to  the 
absent  voters  in  said  cities.  Said  copy  shall  contain  the  information  that 
appears  on  the  general  register  in  the  Governor's  office,  revised  and  corrected 
up  to  the  time  of  furnishing  the  same  to  the  said  city.  Every  public  officer 
and  every  citizen,  when  requested  so  to  do  in  writing  by  the  Governor  or  the 
Commission,  shall  furnish  to  the  Governor  such  information  as  he  may  possess 
relating  to  absent  voters  who  are  in  the  military  service  of  the  State  or  of  the 
United  States.  Any  person  who  shall  refuse  to  furnish  said  information  or 
shall  willfully  furnish  false  information  with  reference  to  such  absent  voter, 
shall  be  deemed  guilty  of  a  felony  and  shall,  on  conviction  thereof,  be  punish- 


ELECTION  LAWS  OF  NEBRASKA  135 

ed  by  imprisonment  in  the  State  Penitentiary  for  any  period  not  more  than 
three  years.     (Laws  1918,  Special  Session,  p.  9.) 

Sec.  4.  Soldiers'  ballots — oath. — The  Commission  shall  cause  to  be  pre- 
pared and  printed  at  least  twenty-five  days  before  any  statewide  primary 
sufficient  primary  ballots  to  supply  each  absent  voter  who  at  the  time  is  sta- 
tioned within  the  Continental  United  States  with  at  least  one  ballot  for  each 
political  party  that  has  polled  ten  per  cent.,  or  more,  of  the  total  vote  cast  at 
the  previous  general  election.  Said  ballots  shall  be  prepared  and  arranged  in 
accordance  with  the  laws  relating  to  the  preparation  and  arrangement  of  pri- 
mary ballots,  except  that  the  names  of  candidates  for  office  that  are  to  be 
elected  in  smaller  subdivisions  than  the  State  shall  be  omitted  therefrom.  Said 
ballots  shall  have  printed  thereon,  under  the  proper  office  division,  the  names 
of  all  offices  for  which  candidates  are  to  be  nominated  at  said  primary  and  blank 
spaces  under  each  office  division  in  which  the  voter  may  write  in  the  name  of 
any  candidate  for  whom  he  desires  to  vote  in  said  primary.  The  provision 
of  the  primary  law  with  reference  to  printing  constitutional  amendments  on 
official  primary  ballots  and  the  arrangement  of  the  ballots  with  reference  to 
said  amendments  shall  be  the  same  as  are  provided  by  the  general  primary 
laws  of  this  State.  If  persons  are  to  be  nominated  at  said  primary  on  a  non- 
partisan  ticket  the  Commission  shall  prepare  and  print  at  least  twenty-five  days 
before  any  primary  election  sufficient  non-partisan  ballots  to  supply  each  ab- 
sent voter,  who  at  the  time  is  stationed  within  the  Continental  United  States, 
with  at  least  one  ballot.  Said  non-partisan  primary  ballot  shall  be  arranged 
in  accordance  with  the  laws  of  this  State  relating  to  the  preparation  and  ar- 
rangement of  non-partisan  ballots,  except  that  the  names  of  all  candidates 
for  office  that  are  to  be  elected  in  smaller  subdivisions  than  the  entire  State 
shall  be  omitted  therefrom.  Said  ballots  shall  have  printed  thereon  under 
the  proper  office  division  the  names  of  all  offices  for  which  candidates  are  to 
be  nominated  on  a  non-partisan  ballot  and  blank  spaces  shall  be  left  under 
each  office  division  in  which  the  voter  may  write  in  the  names  of  all  persons 
for  whom  he  desires  to  vote. 

The  Election  Commission  shall  prepare  and  print  at  least  one  official  en- 
velope for  each  absent  voter,  who  at  the  time  is  stationed  within  the  Conti- 
nental United  States.  Said  envelope  shall  be  made  out  of  substantial  paper  of 
a  red  color.  Hereafter  in  this  Act  said  envelope  shall  be  referred  to  as  the 
"red  envelope."  Upon  one  side  of  said  envelope  shall  be  printed  substantial- 
ly the  following : 

"OFFICIAL  WAR  BALLOT  FOR  PRIMARY  ELECTION, 
August — ,  19 — 

Name  of  voter 

Residence  

County  of  - — ... 

City  or  town  of 

Precinct  or  Ward  of : 

Present  location  .. 


STATE  ELECTION  COMMISSION." 

)Upon  the  other  side  of  said  red  envelope  shall  be  printed  substantially  the 
Rowing : 


136  ELECTION  LAWS  OF  NEBRASKA 

"  INSTRUCTIONS  TO  VOTERS. 

Before  signing  the  affidavit  read  these  instructions  carefully : 

(1.)     If  the  voter  is  a  citizen  of  the  United  States  strike  out  in  the  affi- 
davit the  words:  "that  I  have  declared  my  intention  to  become  a  citizen  of 
the  United  States."     If  the  voter  is  not  a  citizen  of  the  United  States,  but  he 
has  declared  his  intentions  to  become  a  citizen  of  the  United  States,  strike  out, 
the  words:  "that  I  am  a  citizen  of  the  United  States." 

(2.)  Insert  in  the  blank  space  the  name  of  the  precinct  in  which  the  voter 
resided  at  the  time  of  his  enlistment.  If  the  voter  resides  inside  a  city,  insert 
the  name  of  the  city  in  the  proper  space  and  give  the  street  number  of  his 
residence,  or  such  other  description  as  will  identify  his  place  of  residence. 

(3.)  Insert  in  the  proper  space  the  post  office  address  of  the  voter.  If 
in  a  city,  give  street  number  or  such  other  description  of  his  place  of  residence 
as  will  clearly  point  out  the  place  of  residence  of  the  voter. 

(4.)  Insert  in  the  proper  space  the  Division,  Regiment,  Company,  Troop, 
Vessel  or  other  command  to  which  the  voter  is  attached  at  the  time  of  signing 
this  affidavit. 

(57)  The  venue  to  this  affidavit  may  be  omitted  if  there  are  military  rea- 
sons why  it  should  be.  The  acknowledgment  of  this  affidavit  must  be  signed 
by  a  commissioned  officer  of  the  army  or  navy  of  the  United  States,  who  is  ac- 
~quainted  with  the  voter.  The  officer  signing  the  same  shall  add  the  rank  of 
his  commission:  whether  Lieutenant,  Captain,  etc.,  and  the  subdivision  to 
which  he  belongs. 

OATH  OF  ABSENT  ELECTOR. 

(VENUE) 

I  do — solemnly  swear — or  affirm — that  I  am  a  citizen  of  the  United  States 
— that  I  have  declared  my  intention  to  become  a  citizen  of  the  United  States ; 
that  I  am  of  the  age  of  at  least  21  years ;  that  I  am  a  resident  of  the  State  of 

Nebraska ;  that  my  home  post  office  is — ;  that  I  have  been  for 

more  than  six  months  last  preceding  this  election  a  resident  of  said  State ;  that 
immediately  prior  to  my  enlistment  I  resided  for  more  than  40  days  in  the 

county  of and  for  more  than  10  days  in  — 

precinct,  city  of ;  that  I  am  in  the  military  service  of  the 

United  States — or  of  the  State  of  Nebraska;  that  I  am  at  present  attached  to 
— ;  that  I  am  a  qualified  voter  of  the  State  of  Nebraska ;  that 
I  have  enclosed  in  this  envelope  my  ballot  and  that  the  same  has  been  marked 
by  me. 


I  hereby  certify  that  on  this day  of—  —19 ,  the   affiant 

subscribed  and  swore  to  the  foregoing  affidavit  in  my  presence  and  hearing; 
that  I  am  personally  acquainted  with  the  affiant  and  know  that  he  is  the 
identical  person  who  signed  the  foregoing  affidavit." 


(Laws  1918,  Special  Session,  p.  10.) 

Sec.  5.  Primary  election — ballots. — The  Election  Commission,  at  least 
twenty-five  days  prior  to  any  statewide  primary,  and  after  they  receive  the 
copy  of  the  general  register  of  absent  voters  from  the  Governor,  shall  fill  in 
the  proper  spaces  in  the  blanks  provided  for  on  the  outside  of  the  red  envelope, 
the  information  that  appears  on  the  general  register  with  reference  to  the 
name,  residence,  county,  city,  precinct  and  home  post  office  address  of  the  ab- 
sent voter,  who  at  the  time  is  stationed  within  the  Continental  United  States, 


ELECTION  LAWS  OF  NEBRASKA  137 

and  also  the  information  with  reference  to  the  present  address  of  said  absent 
voter. 

The  information  filled  in  these  blank  spaces  shall  be  substantially  what 
appears  on  the  records  in  the  Governor's  office  unless  there  is  some  military 
reason  for  not  giving  it  in  detail,  but  sufficient  information  shall  be  given  to 
identify  the  residence  of  the  voter  in  this  State  and  his  approximate  location 
in  the  army  or  navy  of  the  United  States.  After  filling  out  these  blanks  on 
the  red  envelope  the  same  shall  be  signed  by  the  Election  Commissioner  or 
one  of  his  assistants.  The  official  seal  of  the  Commission  shall  be  impressed  on 
said  envelope. 

The  State  Election  Commission  shall,  on  or  before  the  20th  day  of  Sep- 
tember following  the  primary  prepare  at  least  two  official  ballots  and  two 
official  non-partisan  ballots  for  each  absent  voter  in  the  military  or  naval  ser- 
vice of  the  State  of  Nebraska,  as  shown  by  the  register  furnished  to  the  Elec- 
tion Commission  by  the  Governor.  Said  ballots  shall  be  the  same  in  form  and 
arrangement  as  the  official  ballot  and  the  official  non-partisan  ballot  as  now 
provided  by  law,  with  the  exception  that  the  names  of  all  candidates  be  left 
blank  under  all  office  divisions  in  which  officers  are  to  be  elected  in  subdivis- 
ions smaller  than  the  State.  Sufficient  blank  lines  shall  be  shown  under  each 
office  division  to  write  in  the  names  of  persons.  The  names  of  all  candidates 
for  office  who  are  nominated  in  the  primaries  and  who  are  to  be  voted  for  by 
the  electors  in  the  State  shall  be  printed  on  the  various  ballots  in  the  proper 
office  division.  All  rules  and  regulations  now  prescribed  by  law  shall  be  ap- 
plied to  the  ballots  that  are  printed  under  the  provisions  of  this  Act.  (Laws 
1918,  Special  Session,  p.  13.) 

Sec.  6.  Ballots  mailed  to  soldier  voters. — The  Election  Commission  shall 
mail  to  every  qualified  voter  whose  name  appears  on  the  general  register  in  the 
Governor's  office,  and  who  is  at  the  time  stationed  within  the  Continental  Unit- 
ed States,  at  least  twenty-five  days  prior  to  any  statewide  primary,  one  ballot 
for  each  of  the  various  political  parties  that  polled  10  per  cent.,  or  more,  of 
the  total  vote  cast  at  the  previous  general  election.  If  candidates  are  to  be 
nominated  on  a  non-partisan  ballot,  the  Commission  shall  mail  one  non-partisan 
ballot  to  each  absent  voter  who  at  the  time  is  stationed  within  the  Continental 
United  States,  which  ballot  shall  be  mailed  to  the  address  of  said  voter  at  the 
place  at  which  he  is  stationed,  as  shown  by  the  general  register  furnished  by 
the  Governor,  and  as  appears  on  the  outside  of  the  red  envelope.  If  the  Army 
or  Navy  Department  makes  any  rules  or  regulations  relating  to  the  delivery  of 
mail  to  persons  in  the  military  or  naval  service  of  the  United  States,  the.  Com- 
mission shall  comply  with  the  regulations  and  be  directed  by  the  rulings  of 
said  War  or  Navy  Department.  The  Commission  shall  also  enclose  with  said 
ballot  the  red  envelope  heretofore  referred  to  and  a  second  envelope  addressed 
to  the  "State  Election  Commission,  Lincoln,  Nebraska";  also  a  letter  of  in- 
structions in  substantially  the  following  form : 

"TO  ABSENT  VOTERS  OF  THE  STATE  OF  NEBRASKA  IN  THE  MIL- 
ITARY OR  NAVAL  SERVICE  OF  THE  NATION  OR  STATE : 

In  accordance  with  the  provisions  of  the  laws  of  Nebraska,  I  am  sending 
you  herewith  official  primary  ballots  for  the  following  political  parties :  (Here 
insert  the  names  of  parties  whose  ballots  are  enclosed).  I  am  also  enclosing  a 
primary  and  official  non-partisan  ballot,  a  red  envelope  and  a  second  envelope, 
which  is  addressed  to  the  "State  Election  Commission,  Lincoln,  Nebraska/' 
and  this  letter  of  instruction.  It  is  of  the  utmost  importance  that  you  care- 
fully read  and  understand  this  instruction  and  the  affidavit  on  the  outside  of 
the  red  envelope.  In  voting  you  are  to  use  only  one  official  primary  ballot 


138  ELECTION  LAWS  OF  NEBRASKA 

and  one  official  non-partisan  ballot.  Destroy  the*  ballots  that  are  not  used. 
Mark  on  the  ballot  of  the  political  party  with  which  you  are  affiliated  your 
preference  for  office.  Mark  on  the  official  primary  ballot  your  preference 
for  office.  Mark  on  the  official  non-partisan  primary  ballot  your  prefer- 
ence for  office.  You  can  write  in  on  these  ballots  'under  any  office  divis- 
ion the  name  of  the  person  for  whom  you  desire  to  vote  and  whose  name  is. 
not  printed  on  the  ballot.  Place  the  ballots  that  you  have  marked  in  the  red 
envelope.  Subscribe  and  swear  to  the  affidavit  on  the  outside  of  said  envelope 
before  any  commissioned  American  officer  who  is  acquainted  with  you.  A 
FAILURE  TO  RETURN  THE  RED  ENVELOPE  WILL  PREVENT  YOUR 
VOTE  FROM  BEING  COUNTED.  You  are  at  liberty  to  make  inquiry  as  to 
the  proper  way  to  cast  your  ballot,  but  in  casting  it  you  should  do  so  privately. 
No  one  has  any  right  to  see  or  know  how  you  vote.  After  enclosing  your 
ballots  in  the  red  envelope,  seal  said  envelope  up  securely,  enclose  it  in  the 
other  envelope,  which  is  addressed  to  the  State  Election  Commission,  Lincoln, 
Nebraska.  Seal  up  said  envelope  and  place  -  —cents  postage  thereon.. 

Do  not  make  any  identification  marks  of  any  kind  on  the  outside  of  the  enve- 
lope addressed  to  the  State  Election  Commission.  As  your  vote  must  be  can- 
vassed at  Lincoln,  Nebraska,  on  the —  —day  of—  —it  is  important 
that  you  return  your  ballot  immediately. 


State  Election  Commission. 

The  method  of  voting  at  a  primary  election  under  the  provisions  of  this 
Act  shall  be  as  follows :  The  voter  shall  mark  on  said  official  primary  ballot 
of  the  party  with  which  he  is  affiliated  on  the  official  non-partisan  primary  bal- 
lot, his  preference  for  office.  In  doing  this  he  shall  proceed  the  same  as  is  pro- 
vided under  the  general  primary  law  of  this  State.  He  may  write  in  under 
any  office  division  the  names  of  any  persons  for  whom  he  desires  to  vote  whose 
names  are  not  printed  on  the  ballot.  The  fact  of  writing  in  the  name  will  be 
sufficient  to  have  it  counted  for  the  person  indicated.  After  marking  the 
official  primary  ballot  of  the  party  with  which  he  is  affiliated  and  the  official 
non-partisan  ballot,  he  shall  insert  them  in  the  red  envelope  and  shall 
subscribe  and  swear  to  the  affidavit  on  the  outside  of  the  red  envelope  before 
a  commissioned  officer  of  the  army  or  navy  of  the  United  States  who  is  ac- 
quainted with  the  voter.  The  officer  shall  sign  his  name  and  shall  add  below 
his  signature  his  rank.  The  voter  shall  securely  seal  the  red  envelope,  and 
shall  then  enclose  it  in  the  envelope  which  is  addressed  to  the  Election  Commis- 
sion, Lincoln,  Nebraska.  The  envelope  addressed  to  the  Election  Commission 
shall  then  be  sealed.  Place  thereon  whatever  postage  is  necessary  to  carry 
said  envelope.  The  Election  Commission  shall  ascertain  what  postage  is 
necessary  and  shall  insert  the  amount  necessary  to  carry  the  same  in  the  in- 
structions sent  to  the  voter,  as  provided  in  this  section.  The  voter  shall  not 
make  any  identification  marks  on  the  envelope  addressed  to  the  Election  Com- 
mission. The  voter  shall  have  the  right  to  make  inquiry  of  any  source  that  he 
may  deem  proper  for  information  as  to  the  proper  method  of  casting  his  bal- 
lot. If  the  voter  is  unable  to  mark  his  ballot  he  may  request  assistance.  Xo 
one  has  any  right  to  see  or  know  how  the  voter  casts  his  ballot  except  the  per- 
son who  may  be  called  to  assist.  The  method  of  voting  the  Continental  ballot 
shall  be  the  same  as  that  provided  for  in  the  general  primary  laws  of  the  State. 

All  ballots  cast  under  the  provisions  of  this  Act  must  be  returned  to  the 
Commission  before  midnight  of  the  day  on  which  the  primary  is  held.  The 


ELECTION  LAWS  OF  NEBRASKA  139 

Commission  shall  count  and  canvass  all  ballots  received  by  it  up  to  midnight 
of  primary  election  day.  The  Commission  shall  not  open  any  of  the  envelopes 
or  canvass  any  of  the  ballots  received  by  it  after  midnight  of  primary  election 
day.  (Laws  1918,  Special  Session,  p.  17.) 

Sec.  7.  Soldiers'  votes  in  cities — registers. — In  all  cities  where  registra- 
tion of  voters  is  by  law  required,  the  Governor  shall  appoint  two  qualified 
electors.  The  City  Clerk,  Election  Commissioner,  or  other  officer  whose  duty 
it  is  to  prepare  ballots  and  conduct  the  primary  election  in  any  of  the  said 
cities  along  with  the  two  persons,  appointed  under  the  provisions  of  this  sec- 
tion, shall  constitute  a  City  Election  Commission  whose  duties  shall  be  to 
administer  the  provisions  of  this  Act  in  so  far  as  the  provisions  thereof  relate 
to  the  conduct  of  elections  in  any  of  said  cities. 

The  City  Clerk,  Election  Commissioner  or  other  officer,  whose  duty  it  is 
to  prepare  the  ballots,  is  hereby  made  City  Election  •  Commissioner,  and  the 
persons  appointed  under  the  provisions  of  this  section  are  known  as  Assist- 
ant City  Election  Commissioners.  They  shall  conduct  elections  in  said  cities 
under  the  provisions  of  this  Act  in  the  same  manner  as  that  provided  by  the 
State  Election  Commission,  the  method  of  procedure  by  the  City  Election 
Commission  being  the  same  as  that  provided  for  in  this  Act  with  reference 
to  the  State  Election  Commission. 

The  City  Election  Commissioner  shall  perform  the  duties  in  the  same 
manner  as  that  provided  in  this  Act  with  reference  to  the  State  Election  Com- 
missioner. 

The  Assistant  City  Election  Commissioners  shall  perform  the  duties  in 
the  same  manner  as  that  provided  in  this  Act  with  reference  to  the  Assistant 
State  Election  Commissioners. 

The  methpd  of  mailing  ballots,  preparing  the  red  envelope,  receiving 
and  canvassing  ballots,  cast  under  the  provisions  of  this  Act  in  city  elections, 
shall  be  the  same,  as  near  as  may  be,  to  those  provided  for  with  reference  to 
elections  conducted  by  the  State  Election  Commission. 

The  time  fixed  by  law  in  which  to  conduct  city  elections  being  insufficient 
to  have  those  take  part  therein  who  are  in  the  military  or  naval  service  of 
the  nation  or  State  outside  the  Continental 'United  States,  the  City  Election 
Commission  shall  not  send  ballots  to  any  persons  in  the  military  or  naval  ser- 
vice of  the  United  States  who,  at  the  time  of  the  election,  is  outside  the  Con- 
tinental United  States.  Ballots  shall  be  sent  only  to  those  who  are  within  the 
Continental  United  States. 

The  primary  ballots  shall  be  sent  out  by  the  City  Election  Commission  at 
least  twenty-five  days  before  any  primary  election,  and  only  those  candidates 
for  office  at  such  election  as  have  filed  a  sufficient  time  prior  to  said  time  as 
to  permit  the  printing  of  the  ballots  within  such  time,  shall  be  placed  upon 
said  ballot.  No  ballots  shall  be  counted  that  are  not  received  within  twen- 
ty-four hours  after  the  close  of  the  polls  at  the  primary.  The  ballots  for  the 
general  election  shall  be  sent  out  within  five  days  after  the  primary  has  been 
held  unless  the  ballots  cannot  be  prepared  within  such  time,  and  in  such 
event  the  ballots  shall  be  sent  out  as  soon  as  possible.  No  ballot  cast  at  a 
general  city  election  shall  be  counted  unless  it  is  received  within  twenty-four 
hours  after  the  polls  close  at  said  election.  (Laws  1918,  Special  Session, 
p.  17.) 

;Sec.  8.  List  of  candidates  nominated  at  primaries — instructions  to  vot- 
. — "Within  fifteen  days  after  any  general  primary  election  is  held  it  shall 
the  duty  of  each  County  Clerk,  Election  Commissioner  or  other  officer  who 
charge  the  duties  that  are  imposed  upon  County  Clerks  with  reference 


140  ELECTION  LAWS  OF  NEBRASKA 

to  primary  elections,  to  cause  to  be  filed  in  the  office  of  the  State  Election 
Commission  a  list  of  all  nominations  made  in  said  county  at  said  primary ; 
said  list  shall  contain  the  names,  post  office  address  and  political  party  affilia- 
tion of  all  persons  nominated  in  said  county,  at  said  primary,  and  the  names  of 
the  offices  for  which  all  candidates  were  nominated. 

Where  persons  were  nominated  at  said  primary  on  a  non-partisan  ballot, 
the  names  of  the  candidates,  their  post  office  addresses  and  the  names  of  the 
offices  for  which  said  persons  were  nominated,  shall  be  certified  to  by  the 
State  Election  Commission. 

Within  twenty  days  after  any  general  primary  election  the  State  Elec- 
tion Commission  shall  prepare  from  the  records  of  the  office  of  the  Secretary 
of  State,  State  Election  Commission,  and  from  the  certificates  furnished  to 
the  State  Election  Commission  by  the  various  County  Clerks  or  other  officers 
a  list  of  all  persons  who  were  nominated  at  the  previous  primary  for  any 
office.  The  State  Election  Commission  shall  prepare  lists  for  each  county  sim- 
ilar in  form  to  the  official  ballot  that  is  now  provided  by  law  for  general 
elections.  Separate  lists  shall  be  made  for  each  county.  Each  list  shall  con- 
tain under  each  office  division  the  names,  addresses,  and  political  party  affilia- 
tions of  all  persons  who  are  nominated  in  said  primary,  which  includes  all 
state,  district  and  county  officers.  For  the  purposes  of  this  Act,  supervisors 
and  county  commissioners  shall  be  considered  county  officers.  The  commis- 
sion shall  also  cause  to  be  printed  in  pamphlet  form  the  lists  provided  for  in  this 
section.  Said  pamphlet  shall  show  the  names  of  all  candidates  that  are  to 
be  voted  for  in  each  of  the  various  counties  of  this  State.  On  the  outside 
of  this  pamphlet  shall  appear  substantially  the  following: 

4 'GUIDE  FOR  SOLDIER  ELECTORS  OF  THE  STATE  OF  NEBRASKA 
NOW  ABSENT  FROM  THE  STATE  IN  MILITARY  OR  NAVAL  SERVICE, 
PREPARED  UNDER  THE  DIRECTION  AND  AUTHORITY*  OF  THE 
STATE  ELECTION  COMMISSION  AT  LINCOLN,  NEBRASKA. 


Members  of  the  State  Election 
Commission." 

(In  the  above  insert  the  names  of  the  Election  Commissioner  and  his 
Assistants.) 

On  another  page  should  appear  substantially  the  following: 
"INFORMATION  AND  INSTRUCTION  TO  ABSENT  ELECTORS. 

This  pamphlet  has  been  prepared  under  the  direction  and  authority  of 
the  State  Election  Commission  of  the  State  of  Nebraska.  The  information 
given  in  it  is  authentic  and  correct.  The  information  is  given  for  your  guid- 
ance and  information.  This  pamphlet  contains  a^copy  of  the  Act  permitting 
persons  absent  from  the  State  to  vote;  the  instructions  provided  by  law  re- 
garding the  method  of  voting  in  general  elections,  and  the  names  of  all  per- 
sons who  are  to  be  voted  for  in  the  county  of  which  you  are  a  resident.  If 
you  are  in  doubt  regarding  the  names  of  the  candidates  for  the  office  for 
which  they  are  candidates,  consult  the  index,  then  refer  to  the  county  of  your 
residence  and  under  the  head  of  your  county  you  will  find  the  names  and 
post  office  addresses  of  all  candidates  in  your  county  classified  under  the 
proper  office  division." 

On  another  page  shall  appear  a  copy  of  the  letter  of  instructions  that 


ELECTION  LAWS  OF  NEBRASKA  141 

has  been  sent  out  by  the  Election  Commissioner  to  each  absent  voter.     On 
another  page  shall  appear  substantially  the  following: 

1  'INSTRUCTIONS  IN  PREPARATION   OF  BALLOT. 

The  ballots  are  prepared  as  follows :  If  you  wish  to  vote  a  straight 
ticket,  make  a  mark  in  the  circle  at  the  top  of  the  ballot  to  the  left  of  the 
name  of  your  party, N and  your  ballot  will  then  be  counted  for  each  (c)an- 
didate  and  as  approval  of  party  action  on  any  constitutional  amendment 
of  that  party  on  the  ballot.  If  you  wish  to  vote  otherwise  than  a  straight 
ticket  make  a  cross  in  the  square  to  the  left  of  the  name  of  each  person  for 
whom  you  wish  to  vote,  or,  for  or  against  any  constitutional  amendment; 
if  you  wish  to  vote  a  straight  ticket,  with  the  exception  of  certain  officers 
or  constitutional  amendments,  place  a  cross  in  the  circle  at  the  head  of  the 
ticket  for  which  you  wish  to  vote  in  the  main,  and  then  place  a  cross  in  the 
square  to  the  left  of  the  candidates  of  the  other  parties  for  whom  you  wish 
to  vote,  or  in  the  square  to  the  left  of  the  w^ord  4'for"  or  " against"  in  any 
constitutional  amendment.  When  two  or  more  candidates  in  the  same  party 
are  to  be  voted  for  for  the  same  office  (as  two  .or  more  representatives)  and 
the  voter  wishes  to  vote  for  one  or  more  of  your  own  party  and  one  or  more 
of.  another  party,  you  must  make  a  cross  after  each  candidate  for  whom  you 
wish  to  vote  for  that  office.  If  you  spoil  one  of  the  ballots  sent  you,  use  the 
other.  Return  only  one  ballot.  Cast  this  ballot  in  the  manner  outlined  in 
the  letter  of  instructions  e^Hosed  along  with  the  ballot.  If  you  wish  to  vote 
for  any  person  whose  name  is  not  printed  on  the  ballot,  you  can  here  write 
in  any  name  under  the  ballot.  If  you  write  in  the  name,  write  the  name  in 
the  blank  space  on  the  ballot  under  the  proper  office  yov  wish  him  to  hold. 
A  name  written  in  on  the  ballot  under  the  office  division  will  be  considered 
as  a  vote  cast  for  the  person  whose  name  is  written  in.'r 

Non-partisan  ballots  are  prepared  as  follows:  "Make  a  mark  in  the 
square  to  the  left  of  the  name  of  the  person  for  whom  you  desire  to  vote. 
You  can  write  in  names  in  the  proper  spaces  on  said  ballot  o£  persons  for 
whom  you  desire  to  vote." 

On  other  pages  of  this  pamphlet  shall  appear  under  the  heading  of  each 
county,  the  "complete  list  of  candidates  that  are  to  be  voted  for  in  said  county 
at  said  general  election.  Said  lists  shall  be  a  copy  of  the  lists  that  are  pro- 
vided for  in  this  section  and  shall  in  substance  be  a  copy  of  the  official  ballot 
as  it  will  appear  in  each  of  the  various  counties  of  the  State.  The  pamphlet 
shall  be  so  indexed  that  the  voter  can  readily  refer  to  the  county  of  his  resi- 
dence. (Laws  1918,  Special  Session,  p.  18.) 

Sec.  9.  Official  election  ballots. — The  State  Election  Commission  shall, 
not  later  than  the  20th  day  of  September  following  any  general  primary  elec- 
tion, prepare  at  least  two  official  ballots  and  two  official  non-partisan  ballots 
for  each  absent  voter  in  the  military  or  naval  service  in  the  United  States, 
or  in  this  State,  as  shown  by  the  register  furnished  to  the  Commission  by  the 
Governor.  Said  ballots  shall  be  similar  in  arrangements  and  form  to  the 
ballots  that  are  now  used  at  general  elections,  with  the  exception  that  the 
names  of  all  candidates  for  offices  of  subdivisions  smaller  than  a  State  office 
shall  be  omitted  from  said  ballot,  but  blank  spaces  shall  be  left  under  each 
office  division  in  which  the  names  may  be  written  by  the  voter.  The  names 
of  all  candidates  who  are  nominated  in  the  primary  and  are  to  be  voted  for 
by  all  the  voters  of  the  State  shall  be  printed  on  said  ballots.  The  laws  relat- 
ing to  the  printing,  arrangement  and  form  of  the  ballot  shall  apply. 

On  or  before  the  20th  day  of  September  succeeding  any  primary  election 


142  ELECTION  LAWS  OF  NEBRASKA 

the  Commission  shall  prepare  the  red  envelope  as  outlined  in  Section  5.  The 
ballot  used  in  the  general  election  shall  be  the  same  as  used  in  the  primary 
election,  except  that  the  outside  of  the  envelope  used  in  the  general  election 
shall  show  that  it  is  for  the  general  instead  of  the  primary  election  and  shall 
give  the  date  of  the  election.  The  blank  forms  on  the  outside  of  the  red  en- 
velopes for  the  general  election  shall  be  filled  out  the  same  as  provided  in 
Sec.  5.  After  these  envelopes  and  pamphlets  have  been  prepared  as  herein 
provided,  the  Election  Commission  shall  mail  to  every  qualified  voter  who  is 
in  the  military  or  naval  service  in  the  United  States  or  this  State  who  is 
absent  from  the  State  and  whose  name  appears  in  the  general  register  fur- 
nished the  Election  Commission  by  the  Governor,  the  following :  Two  official 
ballots,  two  official  non-partisan  ballots,  one  red  envelope,  prepared  in  com- 
pliance with  the  provisions  of  this  Act,  copy  of  the  pamphlet  referred  to  in 
Sec.  8,  one  envelope  addressed  to  the  State  Election  Commission,  and  letter 
of  Instruction  to  Voters.  The  foregoing  shall  be  mailed  at  the  following 
times,  to-wit: 

To  voters  who  are  stationed  at  points  outside  of  the  Continental  United 
States  not  later  than  the  20th  day  of  September  succeeding  the  primary. 

To  absent  voters  who  are  stationed  at  points  within  the  United  States 
not  later  than  twenty-five  days  before  the  general  election. 

The  letter  of  instructions  referred  to  in  this  section  shall  be  substantially 
as  follows: 

"TO  ABSENT  VOTERS  OF  THE  STATE  OF  NEBRASKA  IN  THE 
MILITARY  OR  NAVAL  SERVICE  OF  THE  UNITED  STATES  OR  OF  THIS 
STATE : 

In  accordance  with  the  provisions  of  the  laws  of  Nebraska,  I  am  sending 
you  herewith  two  official  ballots,  two  official  non-partisan  ballots,  one  red  enve- 
lope, one  pamphlet  of  instructions,  one  envelope  addressed  to  the  State  Elec- 
tion Commission,  Lincoln,  Nebraska,  and  this  letter  of  instructions.  It  is  of 
the  utmost  importance  that  you  carefully  read  and  understand  these  instruc- 
tions and  the  affidavit  on  the  outside  of  the  red  envelope.  Examine  the 
pamphlet  enclosed.  It  contains  instructions  and  a  copy  of  the  law  under 
which  you  are  voting.  It  also  contains  a  complete  list  of  all  candidates  that 
are  to  be  elected  to  office  in  the  county  of  your  residence.  If  you  are  in 
doubt  as  to  the  names  of  persons  who  are  candidates  for  the  office  for  which 
they  are  candidates,  you  will  find  these  listed  under  the  name  of  the  county 
of  which  you  are  a  resident.  In  voting,  you  are  to  use  only  one  official  ballot 
and  one  official  non-partisan  ballot.  The  extra  ballots  are  sent  you  to  be  used 
by  you  in  case  either  of  the  others  is  spoiled.  Destroy  the  ballots  not  used  by 
you.  Do  not  return  any  but  the  ballots  that  are  marked.  In  voting  mark  on 
the  official  ballot  and  on  the  official  non-partisan  ballot  in  the  manner  outlined 

in  'Instructions  to  Voters,'  found  on  page of  this  pamphlet,  your  choice  for 

office.  You  can  write  in  under  the  proper  office  division  the  name  of  any 
person  for  whom  you  desire  to  vote  and  whose  name  does  not  appear  on  these 
ballots.  After  marking  the  official  ballot  and  the  official  non-partisan  ballot, 
enclose  one  of  the  official  ballots  and  one  of  the  official  non-partisan  ballots 
in  the  red  envelope,  seal  up  the  same  securely  and  thereafter  subscribe  and 
swear  to  the  affidavit  that  appears  on  one  side  of  the  said  red  envelope  before 
any  commissioned  officer  in  the  Army  or  Navy  of  the  United  States  that  is 
acquainted  with  you.  Then  enclose  the  red  envelope  containing  your  official 
ballot  and  official  non-partisan  ballot  in  the  envelope  addressed  to  the  'Slate 
Election  Commission,  Lincoln,  Nebraska,' 


ELECTION  LAWS  OF  NEBRASKA  143 

A  failure  to  return  the  red  envelope  will  prevent  your  vote  from  being 
counted.     Seal  up  the  envelope  addressed  to  the  State  Election  Commission, 
and  place  on  it—      — cents  postage.     No  ballots  received  after  the — 
day  of—  —will  be  counted.     It  is  important  that  you  act  promptly. 

Dated,  this day  of—  — 19 -. 

(Signed.)  State  Election   Commission." 

The  method  of  voting  at  a  general  election  under  the  provisions  of  this 
Act  shall  be  the  same  as  that  provided  for  by  the  general  election  laws  of  the 
State.     The  instructions  given  to  voters  with  reference  to   genera.l  election, 
except  as  modified  by  this  Act,  shall  govern  and  control.     The  voter  may 
write  in  on  the  ballot  the  name  of  any  person  for  whom  he  desires  to  vote. 
The  fact  that  such  name1  is  written  will  be  sufficient  to  count  for  the  person 
indicated.     The   general  method  of  marking  the  ballot,   both  on  candidates 
I  and   constitutional   amendments,   laws   initiated   and  laws   referred,   shall   be 
I  the  same  as  that  provided  by  the  general  election  laws  of  this  State.     A  voter 
\  shall  have  the  right  to  make  inquiry  of  any  source  he  may  deem  proper  for  in- 
formation as  to  the  proper  method  of  casting  his  ballot.     No  one  has  any  right 
to  see  or  know  how  the  voter  casts  his  ballot.     He  shall  not  mark  his  ballot  in 
\  the  presence  of  any  one,  unless  he  is  unable  to  mark  his  ballot.     In  that  in- 
stance he  may  require  assistance. 

After  he  marks  his  official  ballot  and  his  official  non-partisan  ballot  he 
shall  then  insert  them  in  the  red  envelope.  Thereafter,  he  shall  subscribe 
and  swear  to  the  affidavit  on  the  back  of  the  red  envelope  before  a  commis- 
sioned officer  of  the  Army  or  Navy  of  the  United  States  who  is  acquainted 
with  him.  He  shall  then  securely  seal  the  red  envelope  and  insert  it  in  the 
envelope  addressed  to  the  State  Election  Commission,  seal  up  the  envelope 
addressed  to  the  State  Election  Commission  and  place  sufficient  postage  there- 
on. There  shall  be  no  identification  marks  placed  on  the  outside  of  the  en- 
velope addressed  to  the  State  Election  Commission.  The  ballots  not  used 
should  be  destroyed.  The  Election  Commission  shall  ascertain  what  postage 
is  necessary  to  carry  said  envelope  and  shall  insert  the  amount  necessary  to 
carry  the  same  in  the  instructions  sent  to  the  voter  as  provided  in  this  section. 
All  votes  cast  at  a  general  election  held  under  the  provisions  of  this  Act 
by  absent  voters,  who  at  the  time  of  the  election  are  in  the  military  or  naval 
service  of  the  State  of  Nebraska  or  of  the  United  States,  and  who  at  said  time 
are  stationed  within  the  Continental  United  States  must  be  returned  to  the 
;  Commission  before  midnight  of  election  day. 

All  votes  cast  at  a  general  election  under  the  provisions  of  this  Act  by 
i  absent  voters,  who  are  in  the  military  or  naval  service  of  this  State  or  the 
United  States,  and  who  at  the  time  of  holding  the  election  are  stationed  at 
points  outside  of  the  Continental  United  States,  must  be  returned  and  receiv- 
ed by  the  Commission  before  midnight  of  the  fourth  Monday  following  the 
election. 

The  Commission  shall  count  and  canvass  all  votes  received  by  it  up  to  mid- 
night of  election  day  from  absent  voters,  who  at  the  time  of  holding  said  elec- 
tion are  stationed  at  points  within  the  United  States.  Said  Commission  shall 
not  canvass  or  count  any  ballots  which  are  received  by  said  Commission  after 
twelve  o'clock  midnight  on  election  day  where  it  appears  that  a  person  who 
cast  his  ballot  was  on  the  day  of  election  stationed  at  a  point  within  the  United 
States.  The  Commission  shall  not  count  or  canvass  any  ballot  cast  by  an 
absent  voter  where  it  appears  that  the  said  absent  voter  was  on  the  day  ot 
holding  the  election  stationed  at  a  point  without  the  Continental  United 
States  which  ballot  was  received  by  the  Commission  after  midnight  on  the 


144  ELECTION  LAWS  OF  NEBRASKA 

fourth  Monday  following  the  general  election.     (Laws  1918,  Special  Session, 
p.  21.) 

Sec.  10.  Canvass  of  votes  cast  at  primary  election. — The  Commission 
shall  canvass  all  ballots  cast  under  the  provisions  of -this  Act  at  any  statewide 
primary  or  general  election.  The  canvass  of  ballots  cast  at  a  statewide  pri- 
mary under  the  provisions  of  this  Act  shall  commence  at  ten  o'clock  A.  M. 
on  the  Friday  following  the  primary.  The  Commission  shall  as  speedily  as 
possible  complete  said  canvass.  Upon  the  completion  of  said  canvass  the 
Commission  shall  prepare  an  abstract  of  the  votes  cast  by  those  voting  under 
the  provisions  of  this  Act  on  the  various  offices.  The  Commission  shall  send 
a  certified  copy  of  the  abstract  of  said  vote  to  the  various  officers  and  boards 
upon  whom  the  law  places  the  duty  of  issuing  certificates  of  nomination  to 
candidates  for  office;  a  certified  copy  of  the  abstract  of  the  votes  cast  on  all 
candidates  for  county  offices,  in  the  several  counties  in  the  State,  shall  be 
sent  to  the  County  Clerk,  or  other  officer  whose  duty  it  is  in  the  county  to 
issue  certificates  of  nomination  to  the  successful  candidates;  a  certified  copy 
of  the  abstract  of  votes  cast  on  all  candidates  for  office  in  the  subdivisions 
larger  than  a  county,  so  far  as  relates  to  the  candidate  in  said  subdivision, 
shall  be  sent  to  the  proper  officers  or  board  whose  duty  it  is  to  issue  certi- 
ficate of  nomination  to  the  successful  candidate ;  a  certified  copy  of  the  ab- 
stract of  votes  cast  in  so  far  as  they  relate  to  all  'officers  to  whom  the  Secre- 
tary of  State  issues  certificates  of  nomination,  shall  be  furnished  to  the  Sec- 
retary of  State;  the  various  County  Clerk,  canvassing  boards,  Secretary  of 
State,  the  State  convassing  boards,  and  all  officers  and  boards  upon  whom  the 
law  has  placed  the  duty  of  canvassing  votes,  shall  receive  certified  copy  of 
abstract  of  the  votes  cast  under  the  provisions  of  this  Act,  and  proceed  in  can- 
vassing the  votes  in  the  manner  now  provided  for  canvassing  votes  at  the 
general  primary.  No  canvassing  board  shall  complete  its  canvass  until  the 
vote  cast  under  the  provisions  of  this  Act  has  been  returned,  counted  and  can- 
vassed as  herein  provided. 

No  officer  shall  issue  certificate  of  nomination  to  any  person  who  is  a  can- 
didate in  said  primary  until  the  votes  cast  under  the  provisions  of  this  Act 
have  been  returned,  counted  and  canvassed  as  herein  provided. 

After  the  canvass  has  been  completed  in  compliance  with  the  provisions 
of  this  Act,  certificates  of  nomination  shall  be  issued  to  the  persons  entitled 
to  receive  the  same  by  the  officers  whose  duty  it  is  to  issue  such  certificates. 
(Laws  1918,  Special  Session,  p.  25.) 

Sec.  11.  Canvass  of  vote  at  general  election. — The  canvass  of  the  ballots 
cast  under  the  provisions  of  this  Act  at  any  general  election  shall  commence 
at  twelve  o'clock  noon  on  the  First  Monday  following  the  election.  The 
Commission  shall  canvass  all  ballots  received  by  it  up  to  midnight  of  the  day 
on  which  the  election  is  held.  Upon  the  completion  of  said  canvass  the 
Commission  shall  adjourn  and  take  a  recess  until  the  Fourth  Tuesday  after 
the  First  Monday  succeeding  the  general  election,  and  shall  then  reconvene 
for  the  purpose  of  counting  and  canvassing  all  ballots  cast  by  absent  voters 
who  were  outside  of  the  Continental  United  States  on  the  day  of  the  election, 
whicli  ballots  have  been  received  by  the  Commission  prior  to  midnight  on  the 
Fourth  Monday  succeeding  the  election.  Upon  the  completion  of  said  can- 
vass the  Commission  shall  send  a  certified  copy  of  the  abstract  of  the  votes  cast 
to  the  various  officers  and  parties  whose  duty  it  is  to  issue  certificates  of  nom- 
ination to  candidates  for  office.  A  certified  copy  of  this  abstract  of  the  vote 
cast  on  all  county  officers  in  the  several  counties  of  the  State  shall,  so  far  as  re- 
lates to  each  of  the  several  counties,  be  sent  to  the  county  clerk  or  other 


ELECTION  LAWS  OF  NEBRASKA  145 

officer  whose  duty  it  is  in  each  of  said  counties  to  issue  certificates  of  ele- 
tion;  a  certified  copy  of  the  abstract  of  the  vote  cast  on  all  offices  in  each  of 
the  several  subdivisions  larger  than  a  county,  so  far  as  relates  to  the  offices  in 
said  subdivision,  shall  be  sent  to  the  proper  officer  or  board  whose  duty  it  is 
to  issue  certificate  of  election ;  certified  copy  of  the  abstract  of  the  vote  cast, 
in  so  far  as  relates  to  all  officers  to  whom  the  Secretary  of  State  issues  certifi- 
cates of  election,  shall  be  sent  to  the  Secretary  of  State.  The  various  county 
clerks,  county  canvassing  board,  Secretary  of  State,  state  canvassing  board, 
and  all  officers  on  whom  the  duty  of  canvassing  votes  has  been  placed  by  law, 
shall  proceed  to  canvass  the  vote  under  the  provisions  of  this  Act  in  the  same 
manner  as  is  now  provided  for  canvassing  of  votes  at  any  general  election.  No 
canvassing  board  shall  complete  its  canvass  until  the  ballots  cast  under  the 
provisions  of  this  Act  have  been  returned,  counted  and  canvassed  as  herein 
provided.  No  officer  shall  issue  any  certificate  of  election  until  the  ballots 
cast  under  provisions  of  this  Act  have  been  returned,  counted  and  canvassed 
as  herein  provided.  After  the  ballots  cast  under  the  provisions  of  this  Act 
have  been  returned,  counted  and  canvassed  as  herein  provided,  certificates  of 
election  shall  be  issued  to  the  persons  entitled  to  receive  the  same  by  the  vari- 
ous officers  whose  duty  it  is  to  issue  such  certificates.  (Laws  1918,  Special 
Session,  p.  26.) 

Sec.  12.  Canvass  by  state  election  commission. — In  canvassing  the  votes 
cast  under  the  provisions  of  this  Act  the  State  Election  Commission  shall 
open,  in  the  presence  of  each  other,  the  envelope  addressed  to  the  State  Elec- 
tion Commission,  and  shall  thereafter  examine  the  name  and  affidavit  of  the 
voter  that  appears  on  the  red  envelope.  If  the  voter  has  signed  the  affidavit 
in  compliance  with  the  provisions  of  this  Act  and  it  appears  to  the  Commis- 
sion that  he  is  entitled  to  cast  his  ballot,  said  Commission,  in  the  presence  of 
each  other,  shall  open  the  red  envelope  and  examine  the  ballot  or  ballots 
therein  inclosed  for  the  purpose  of  ascertaining  whether  or  not  said  ballot 
is  one  that  was  sent  out  by  said  Commission.  If  the  ballot  or  ballots  inclosed 
is  one  that  has  been  sent  out  by  the  Commission,  the  Commission  shall  deposit 
the  same  in  a  suitable  ballot  box.  It  is  not  necessary  that  all  the  ballots  be 
placed  in  the  same  ballot  box,  but  the  Commission  shall  so  proceed  as  to  pro- 
tect the  secrecy  of  the  ballot.  In  canvassing  the  votes  cast  under  the  pro- 
visions of  this  Act,  the  laws  relating  to  the  duties  and  powers  of  judges,  and 
clerks  of  election,  and  election  boards  generally,  shall,  in  so  far  as  applicable 
apply  to  the  State  Election  Commission.  In  case  there  is  a  conflict,  the  pro- 
visions of  this  Act  shall  govern.  (Laws  1918,  Special  Session,  p.  27.) 

Sec.  13.  Care  of  soldier  votes. — All  envelopes  addressed  to  the  State 
Election  Commission  containing  ballots  cast  at  any  primary  or  general  elec- 
tion shall  be  from  the  time  of  delivery  until  the  votes, are  canvassed  under 
the  absolute  and  exclusive  control  of  the  State  Election  Commission.  Said 
Commission  shall  make  whatever  provision  is  necessary  to  properly  care  for 
said  ballots  and  to  prevent  the  loss  of  any  of  said  ballots  or  any  tampering 
therewith.  (Laws  1918,  Special  Session,  p.  27.) 

Sec.  14.  Construction  of  Act. — No  informality  in  the  manner  of  carrying 
out  the  provisions  of  this  Act  shall  invalidate  the  election  held  under  the 
same  or  authorize  the  rejection  of  the  returns  thereof,  and  this  Act  shall  be 
liberally  construed  for  the  purposes  herein  expressed.  All  elections  held 
under  the  provisions  of  this  Act  shall  be  subject  to  contest  and  inquiry  in  the 
same  manner  as  elections  held  within  this  State.  (Laws  1918,  Special  Ses- 
sion, p.  28.) 


146  ELECTION  LAWS  OF  NEBRASKA 

Sec.  15.  Penalties. — All  the  provisions  of  the  penal  laws  relating  to 
crimes  against  the  elective  franchise  shall  be  deemed  to  apply  to  all  elections  ; 
held  under  the  provisions  of  this  Act.  Any  person  who  shall  violate  any 
such  provisions  shall  be  subject  to  the  penalties  prescribed  by  the  laws  of 
this  State.  The  duties  imposed  upon  officers  under  the  provisions  of  this 
Act  are  mandatory  and  any  officer  who  shall  fail  or  neglect  to  perform  the 
duties  imposed  upon  him  by  the  provisions  of  this  Act  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  fined  in  any  sum  not  exceed- 
ing Five  Hundred  Dollars.  Where  no  other  penalty  is  imposed,  any  person 
violating  any  of  the  provisions  of  this  Act  shall  be  fined  not  to  exceed  One 
Hundred  Dollars  or  be  imprisoned  in  the  county  jail  not  to  exceed  three 
months.  (Laws  1918,  Special  Session,  p.  28.) 

Sec.  16.  Penalties  applicable  to  public  officers. — The  several  officers  or 
persons  directed  and  authorized  to  conduct  elections  under  the  provisions  of 
this  Act  shall  have  like  power  and  they  .as  well  as  other  persons  who  may  be 
candidates  for  office  at  such  election  shall  be  subject  to  like  penalties  and  re- 
strictions as  are  declared  and  provided  for  by  law  in  case  of  elections  within 
this  State,  and  all  provisions  of  the  laws  of  this  State  in  so  far  as  applicable 
and  not  inconsistent  with  the  provisions  of  this  Act  shall  apply  to  elections 
and  primary  elections  held  under  the  provisions  of  this  Act.  In  the  send- 
ing of  the  ballots  in  this  Act  provided  for  nothing  shall  be  inclosed  therewith 
except  the  matters  in  this  Act  provided  for.  (Laws  1918,  Special  Session, 
p.  28.) 

Sec.  17.  Organization  and  rules  of  election  commission. — The  State  Elec- 
tion Commissioner  shall  be  the  chairman  of  the  State  Election  Commission. 
A  majority  of  said  commission  shall  constitute  a  quorum.  The  Election  Com- 
mission shall  prescribe  such  rules  and  regulations,  not  inconsistent  with  the 
provisions  of  this  Act  as  may  be  necessary  to  carry  out  the  provisions  of  this 
Act  according  to  its  true  intent. 

Said  Election  Commission  shall  provide  all  necessary  ballots,  records, 
books,  forms,  blanks,  envelopes,  stationery,  postage,  blank  forms,  and  index 
cards  as  may  be  necessary  for  the  proper  administration  of  the  provisions  of 
this  Act.  The  said  Election  Commissioner  and  his  assistants  shall  transmit 
to  the  proper  places  and  to  the  proper  persons  all  necessary  papers,  ballots, 
instructions  and  pamphlets  in  strict  compliance  with  the  provisions  of  this 
Act  and  shall  administer  the  provisions  in  such  a  way  as  to  carry  out  this  Act 
according  to  its  true  intent  and  purpose.  (Laws  1918,, Special  Session,  p.  28.) 

Sec.  18.  Appropriation. — There  is  hereby  appropriated  out  of  the  gen- 
eral fund  of  the  State  of  Nebraska  the  sum  of  $25,000.00,  or  so  much  thereof 
as  may  be  necessary  to  defray  the  expenses  of  administering  the  provisions 
of  this  Act.  The  Election  Commission  shall  appoint  the  necessary  clerical 
assistants  to  properly  administer  this  Act  in  so  far  as  it  relates  to  the  duties 
imposed  upon  said  Election  Commission  and  the  Election  Commissioner.  The 
Governor  shall  appoint  the  necessary  clerical  assistants  to  properly  administer 
the  provisions  of  this  Act  is  so  far  as  it  relates  to  the  duties  imposed  upon  the 
Governor.  The  Election  Commissioner  and  the  Governor  shall  fix  the  amount 
of  compensation  to  be  paid  to  the  said  clerks  and  the  same  shall  be  paid  out 
of  the  appropriation  provided  for  in  this  section.  (Laws  1918,  Special  Ses- 
sion, p.  29.) 

Sec.  19.  Repeal. — Chapter  177  of  the  laws  of  1917  and  all  acts  or  parts 
of  acts  in  conflict  with  the  provisions  of  this  Act  are  hereby  repealed.  (Laws 
1918,  Special  Session,  p.  29.) 


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